THE  UNIVERSITY 

OF  ILLINOIS 

LIBRARY 


ORDINANCES  AND 
CONTRACTS 

Under  Which 

Tlie  Mahonino-  \'alley  Railway  Company 

The  Yuungstown  &  Sharon  Street  Railway  Company 

The  Yoiin,Q;stown  Park  &  Falls  Street  Railway  Company 

The  Youngstown  Consolidated  Gas  &  Electric  Company 

Are  Operatin<,r  within  the 
CITY  OF  YOUNGSTOWN,  OHIO 


Compiled  by 

Arrel,  Wilson  &  Harking  fon 

YOUNGSTOWN,  Ohio 

October  i,  1908 


THE  YOUNQSTOWN  PRINTING  COMPANY 


352.7 
)  "10^ 


^i 


09 


r 


n:) 


APPLICATION 


OF 


The  Mahoning  Valley  Railway  Company 


FOR 


RENEWAL  AND  EXTENSION  OF 
FRANCHISE 


1 


1 043728 


To  the  Honorable,  the  Council  of  the  City  of  Youngstown,  Ohio : 
Gentlemen:  The  Mahoning  Valley  Railway  Company,  for 
itself,  its  successors  and  assigns,  hereby  requests  your  Honor- 
able body  to  grant  to  it,  its  successors,  lessees  and  assigns,  for 
the  period  of  twenty-five  years,  extensions  and  renewals  of 
the  rights  and  privileges  granted  to  it.  or  its  predecessors.  The 
Mahoning  Valley  Electric  Company,  The  Youngstown  Street 
Railway  Company  or  The  Youngstown  Street  Railroad  Com- 
pany, by  various  ordinances  heretofore  enacted  by  the  City  of 
Youngstown.  Ohio.  on.  along  and  over  the  following  streets, 
alleys,  avenues,  roads,  ways,  places  and  parts  thereof  within 
said  City : 

1.  On  West  and  East  Federal  Street. 

From  the  northwesterly  limits  of  the  City  of  Youngstown ; 
thence  on,  along  and  over  West  Federal  Street  to  Central 
Square;  thence  on.  along  and  over  Central  Square  to  East  Fed- 
eral Street ;  thence  on,  along  and  over  East  Federal  Street,  and 
including  the  East  Federal  Street  Bridge  and  the  approaches 
thereto,  throughout  its  entire  length. 

2.  On  Wilson  Avenue. 

From  the  northwesterly  end  thereof,  throughout  its  en- 
tire lengtli.  to  the  easterly  limits  of  the  City  of  Youngstown. 

3.  On  Himrod  Avenue. 

From  and  including  Ilimrod  Avenue  approach  to  the  East 
Federal  Street  Bridge,  and  thence  on.  along  and  over  Himrod 
Avenue  to  Fruit  Street. 

4.  On  Fruit  Street. 

From  Himrod  Avenue  to  Oak  Street. 

5.  On  Oak  Street. 

From  Fruit  Street  to  Albert  Street. 

5 


RAILWAY   AND   LIGHTING    ORDINANCES 


6.  On  Albert  Street. 

From  Oak  Street  to  the  northerly  limits  of  the  City  of 
Youngstown. 

7.  On  Cedar  Street. 

From  and  including  the  approach  from  Cedar  Street  to  the 
East  Federal  Street  Bridge  to  Poland  Avenue. 

8.  On  Poland  Avenue. 

From  Cedar  Street  to  the  southeasterly  Ifmits  of  the  City 
of  YoungstoA^Ti. 

9.  On  Private  Right  of  Way. 

From  a  point  on  Poland  Avenue  near  the  end  of  Cedar 
Street  to  Franklin  Avenue. 

10.  On  Franklin  Avenue. 

From  a  point  thereon  opposite  City  Lot  Number  4374.  and 
thence  to  Williamson  Avenue. 

11.  On  Williamson  Avenue. 

From  Franklin  Avenue  to  Market  Street. 

12.  On  Market  Street. 

From  Williamson  Avenue  to  the  Street  formerly  known  as 
"Bresett"  Street. 

13.  On  Street  Formerly  Known  as  Bresett  Street. 
From  Market  Street  to  Oak  Hill  Avenue. 

14.  On  Oak  Hill  Avenue. 

From  the  Street  formerly  known  as  Bresett  Street  to  Ma- 
honing Avenue. 

15.  On  West  Woodland  Avenue. 

From  Oak  Hill  Avenue  to  Glenwood  Avenue. 

16.  On  Glenwood  Avenue. 

From  West  Woodland  Avenue  to  Eaton  Street. 


CITY    OF   YOUNGSTOWN,   OHIO 


17.  On  Mahoning  Avenue. 

From  the  westerly  limits  of  the  City  of  YoungstoAvn; 
thence  easterly  on,  along  and  over  said  street  and  the  so-called 
]\Iill  Creek  Viaduct,  to  the  easterly  end  of  said  Avenue. 

18.  On,  along  and  over  the  bridge  over  the  Mahoning  River 
at  Spring  Common,  and  on,  along  and  over  Spring  Common, 
so-called,  to  West  Federal  Street. 

19.  On  North  Avenue. 

From  West  Federal  Street  to  Burke  Street. 

20.  On  Burke  Street. 

From  North  Avenue  to  Foster  Street. 

21.  On  Foster  Street. 

From  Burke  Street  to  Bismark  Avenue. 

22.  On  Wick  Avenue. 

From  Central  Square  to  Wood  Street. 

23.  On  V/ood  Street. 

From  Wick  Avenue  to  Elm  Street. 

24.  On  Elm  Street. 

From  Wood  Street  to  Thornton  Avenue. 

25.  On  Thornton  Avenue. 

From  Elm  Street  to  Wick  Avenue  Extension. 

26.  On  Wick  Avenue  Extension. 

From  Thornton  Avenue  to  the  Hubbard  Road,  so-called. 

27.  On,  along  and  over  the  East  Federal  Street  Bridge,  so- 
called,  throughout  its  entire  length,  and  on,  along  and  over  the 
various  approaches  thereto. 

28.  On  Central  Square. 

From  Wick  Avenue,  along  the  easterly  side  thereof  to  East 
Federal  Street,  and  from  Wick  Avenue  along  the  westerly  side 
thereof  to  West  Federal  Street,  and  forming  with  its  eonnec- 


8  RAILWAY    AND   LIGHTING   ORDINANCES 

tions  the  so-called  Central  Square  loop,  together  with  the  right 
to  maintain  and  operate,  on,  along  and  over  said  streets,  alleys, 
avenues,  roads,  ways,  places  and  parts  thereof,  its  existing 
street  railroad,  by  single  or  more  tracks,  as  the  same  now  ex- 
ists in  the  City  of  Youngstown,  with  all  necessary  curves,  con- 
nections, turn-outs,  cross-overs,  Y's,  loops,  poles,  trolley,  feed, 
span  and  guy  wires,  and  such  other  ecjuipment,  appurtenances, 
appliances  and  fixtures  as  may  be  necessary  for  the  proper  con- 
struction, operation  or  maintainence  thereof. 

The  Mahoning  Valley  Kailway  Company  further  requests 
your  Honorable  Body  to  grant  to  it,  its  successors,  lessees  and 
assigns,  the  following  rights  and  privileges: 

First.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  an  additional  track,  on,  along  and  over 
Wood  Street,  from  the  intersection  thereof  with  Wick  Avenue 
to  Elm  Street,  and  on.  along  and  over  Elm  Street  northerly 
from  the  intersection  thereof  with  Wood  Street  to  the  intersec- 
tion of  Park  Avenue ;  said  rights,  privileges  and  franchises  to 
be  granted  to  The  Mahoning  Valley  Eailway  Company,  its  suc- 
cessors, lessees  and  assigns,  upon  the  presentation  and  filing  of 
the  necessary  consents  of  the  property  owners  upon  said  streets. 

Second.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  an  additional  track  on  Elm  Street  from 
the  intersection  of  said  street  with  Park  Avenue,  and  thence 
northerly  along  Elm  Street  to  the  intersection  thereof  with 
Broadway;  said  rights,  privileges  and  franchises  to  be  granted 
to  The  Mahoning  Valley  Kailway  Company,  its  successors  and 
assigns  upon  the  presentation  and  filing  of  the  necessary  con- 
sents of  the  property  owners  along  said  street. 

Third.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  an  extension  of  its  present  West  Federal 


CITY    OF    YOUNGSTOWN,   OHIO  9 


Street  line  from  a  point  on  West  Federal  Street  at  the  intersec- 
tion of  West  Rayen  Avenue ;  thence  along  West  Eayen  Avenue, 
private  right  of  way.  Manning  Avenue  and  Crescent  Street  to 
Bridge  Street,  with  the  right  to  cease  operating  cars  and 
remove  its  tracks  on  Crescent  Street  whenever  a  via- 
duct is  constructed  from  the  lower  end  of  Manning  Avenue 
across  the  railroad  tracks  and  the  ]\Iahoning  River,  in  Avhich 
event  the  said  Company  is  to  have  the  right  to  cross  the  said 
viaduct  so  constructed;  said  rights,  privileges  and  franchises 
to  be  granted  to  The  Mahoning  Valley  Railway  Company,  its 
successors,  lessees  and  assigns  upon  the  presentation  and  filing 
of  the  necessary  consents  of  the  property  owners  along  said 
streets. 

Fourth.  The  right,  privilege  and  franchise  to  extend  its 
Elm  Street  line  from  the  present  terminus  thereof  on  Wick  Ave- 
nue Extension,  and  thence  on.  along  and  over  Wick  Avenue 
Extension  to  tlie  northerly  limits  of  the  City  of  Youngstown ; 
said  rights,  privileges  and  franchises  to  be  granted  to  The  Ma- 
honing Valley  Railway  Company,  its  successors,  lessees  and 
assigns  upon  the  presentation  and  filing  of  the  necessary  con- 
sents of  the  property  owners  upon  said  street. 

Fifth.  The  right,  privilege  and  franchise  to  connect  its 
lines  with  the  lines  of  The  Youngstown  Park  &  Falls  Street 
Railway  Company  at  Central  Square  in  the  City  of  Youngs- 
town. Ohio,  by  connecting  the  loop,  so-called,  of  The  Youngs- 
town Park  &  Falls  Street  Railway  Company  with  the  loop  of 
The  Mahoning  Valley  Railway  Company;  and  also  the  right, 
privilege  and  franchise  to  connect  the  tracks  of  The  Mahoning 
Valley  Railway  Company  on  Market  Street  with  the  tracks  of 
The  Youngstown  Park  &  Falls  Street  Railway  Company. 


lO  RAILWAY   AND    LIGHTING   ORDINANCES 

Sixth.  The  right,  privilege  and  franchise  to  connect  the 
lines  of  The  Mahoning  Valley  Railway  Compan}^  with  the  lines 
of  The  Youngstown  &  Sharon  Street  Railway  Company  at 
Basin  Street  in  the  City  of  Youngstown,  and  also  at  the  inter- 
section of  Albert  Street  and  McGuffey  Street  m  the  City  of 
Youngstown. 

As  a  consideration  of  the  renewals  and  extensions  of  the 
franchises  and  ordinances  above  enumerated,  and  of  the  right 
to  construct  additional  tracks,  extensions  and  connections  as 
above  enumerated,  The  Mahoning  Valley  Railway  Company, 
for  itself,  its  successors  and  assigns,  agrees  that  it  will. 

First.  Surrender  all  its  rights,  privileges  and  franchises 
within  the  City  of  Yoimgstown. 

Second.  Upon  the  necessary  consents  being  obtained,  ex- 
tend its  Elm  Street  line  from  the  present  terminus  thereof,  on, 
along  and  over  Wick  Avenue  Extension  to  a  point  opposite  the 
plant  of  The  General  Fireproofing  Company. 

Third.  Upon  the  necessary  consents  being  obtained,  and 
the  necessary  franchise  granted,  extend  its  West  Federal  Street 
line  from  a  point  near  the  intersection  of  West  Rayen  Avenue 
with  West  Federal  Street;  thence  on.  along  and  over  West 
Rayen  Avenue  to  a  point  opposite  Manning  Avenue;  thence  on, 
along  and  over  private  right  of  way  to  IManning  Avenue ;  thence 
on,  along  and  over  Crescent  Street  to  Bridge  Street,  with  tlic 
right  to  cease  operating  cars  on  Crescent  Street  whenever  a 
viaduct  is  constructed  from  the  foot  of  Manning  Avenue  across 
the  railroad  tracks  and  the  ^Mahoning  River  and  the  plant  of 
the  Carnegie  Steel  Company,  in  which  event  said  The  Mahon- 
ing Valley  Railway  Company,  its  successors  and  assigns,  is  to 
extend  its  line  over  said  viaduct. 

Fourth.  That  it  will  carry  passengers  within  the  limits  of 
the  City  of  Youngstown  as  they  at  present  exist,  and  also  to  a 


CITY   OF   YOUNGSTOWN,    OHIO  II 

point  opposite  the  plant  of  The  Yonngstowu  Sheet  &  Tube  Com- 
pany in  East  Youngstown,  so-called,  and  to  a  point  opposite  the 
plant  of  The  General  Fireproofing  Company,  at  the  followins? 
rates  of  fare : 

Single  fare,  five  cents. 
Six  tickets  for  twenty-five  cents. 
Twelve  tickets  for  fifty  cents. 
Twenty-five  tickets  for  one  dollar. 

School  children's  tickets  during  the  time  that  school  is  in 
session  to  be  sold  to  school  children  entitled  thereto,  thirty- 
three  tickets  for  one  dollar. 

It  being  understood  and  agreed  that  the  above  tickets  are 
not  sold  upon  cars,  but  are  to  be  sold  at  ticket  offices  located  at 
Central  Square  in  the  City  of  Youngstown,  at  the  offices  of  the 
Compan3^  and  at  convenient  places  located  throughout  the 
City. 

Fifth.     That  it  will  give  transfers. 

(a)  Over  all  its  lines  in  the  City  of  Youngstown. 

(b)  To  a  point  op])osite  the  plant  of  The  Youngstown 
Sheet  &  Tube  Company  and  the  territory  intervening-  be- 
tween said  point  and  the  limits  of  the  City  of  Youngstown 

(c)  To  a  point  opjiosite  tlic  ]i]ant  of  The  General  Fire- 
proofing  Company  and  tlie  tei-ritory  intervening  between 
said  point  and  the  City  Tiimits  of  the  City  of  Youngstown. 

(d)  Over  lines  of  The  Yoimgstown  Parl\  &  Falls 
Street  Railway  Company  to  Idora  Park. 

(e)  Over  the  lines  of  The  Youngstown  &  Sharon 
Street  Railway  Company  within  the  City  of  Yoimgstown. 
And  that  it  will  accept  for  transportation  over  any  of  its 

lines  within  the  City  of  Youngstown.  and  to  a  ])()int  opposite 
the  plant  of  The  Youngstown  Sheet  &  Tube  Company  without 


12  RAILWAY    AND   LIGHTING   ORDINANCES 

said  City,  and  to  a  point  opposite  the  plant  of  The  General  Fire- 
proofing  Company  without  said  City,  transfers  issued  by, 

(a)  The  Youngstown  Park  &  Falls  Street  Kailway 
Company  from  any  point  on  its  lines. 

(b)  The  Youngstown  &  Sharon  Street  Railway  Com- 
pany from  any  point  on  its  lines  \\Tthin  the  City  of  Youngs- 
town. 

It  being  understood  that  the  present  rates  of  fare  and 
transfers  shall  l)e  changed,  and  the  present  franchises  of  this 
Company  surrendered  only  in  the  event  that  the  Coimcil  of 
said  City  shall  grant  the  rights  herein  requested,  and  shall 
further  grant  to  The  Youngstown  Park  &  Falls  Street  Railway 
Company,  its  successors  and  assigns,  the  rights,  privileges  and 
franchises  by  it  requested  in  its  application  this  day  filed,  and 
to  The  Youngstown  &  Sharon  Street  Railway  Company,  the 
rights,  privileges  and  franchises  requested  by  it  in  its  applica- 
tion this  day  filed. 

Respectfully  submitted, 

THE  ]\IAIIONING  VALLEY  RAILWAY  COMPANY. 

By  M.  E.  IMcCaskey.  General  IManager. 

YoungstoAvn.  Ohio.  July  20th.  1908. 


AN  ORDINANCE 


GRANTING  TO 


The  Mahoning  Valley  Railway  Company 

A  RENEWAL  AND  EXTENSION  OF  ITvS 

FRANCHISES  WITHIN  THE  CITY 

OF   YOUNGSTOWN 

Passed  in  Council  August  25TH,  1908 


AN  ORDINANCE 


Renewing  to  The  Mahoning  Valley  Railway  Company,  for  the 
Term  of  Twenty-five  Years,  Its  Grants,  Rights,  Privileges 
and  Franchises  to  Maintain  and  Operate  Its  Tracks  and 
Lines  of  Street  Railway  Upon  the  Streets,  Avenues,  Ways 
and  Places,  and  Parts  of  Streets,  Avenues,  Ways  and 
Places,  Hereinafter  Mentioned,  in  the  City  of  Youngstown, 
Ohio — Fixing  the  Terms  and  Conditions  of  Such  Renewal 
Grants — Changing  the  Rate  of  Fare — Regulating  Trans- 
fers ;  and  Terminating  Existing  Grants. 

PREAMBLE. 

Whereas,  The  Mahoning  Valley  Railway  Company  is  the 
owner  of,  and  now  engaged  in  operating  certain  lines  of  street 
railroad  in  the  City  of  Youngstown,  Ohio,  being  the  lines  here- 
tofore owned  and  operated  hy  it,  as  well  as  the  lines  now 
owned  and  operated  by  it,  and  heretofore  owned  and  operated 
by  The  Youngstown  Street  Railroad  Company,  The  Youngs- 
town Street  Railway  Company,  and  The  Mahoning  Valley  Elec- 
tric Railway  Company,  or  either  of  them.    And, 

Whereas,  The  rights,  privileges  and  franchises  now  held 
by  said  The  Mahoning  Valley  Railway  Company  on  the  streets, 
avenues,  ways  and  parts  thereof,  hereinafter  mentioned,  ex- 
pire on  the  third  day  of  June,  1920.    And, 

Whereas,  It  is  the  common  desire  of  the  City  of  Youngs- 
town, and  of  The  Mahoning  Valley  Railway  Company  to  have 
said  rights,  privileges  and  franchises  renewed — its  outstanding 
rights,  privileges  and  franchises  surrendered — the  rate  of  fare 
reduced — the  transfer  privileges  extended  and  made  definite, 
and  the  rights  of  the  City  as  to  regulation,  both  as  to  service 
and  otherwise,  made  certain, 

15 


l6  RAILWAY    AND    LIGHTING    ORDINAN'CES 


Now,  Therefore.  Be  it  Ordained  by  the  Council  of  the  City 
of  Youngstown,  Ohio,  as  follows,  towit : 

TERMS  DEFINED. 

Section  1.  That  wherever  in  the  following  Ordinance  the 
words,  "The  Mahoning  Valley  Railway  Company."  ''The  Com- 
pany," or  "Said  Company,"  are  used,  they  shall  be  held  to 
mean  and  include  The  ^Mahoning  Valley  Railway  Company,  its 
successors,  lessees  and  assigns;  and  wherever  in  this  Ordinance 
the  words  "The  City"  or  "Said  City"  are  used,  they  shall  be 
held  to  mean  and  include  the  City  of  Youngstown. 

ROUTES. 

Section  2.  The  ]\Iahoning  Valley  Railway  Company  is 
hereb}'  granted,  upon  the  conditions  hereinafter  provided,  a 
renewal  for  tw^enty-tive  years  from  the  date  of  the  passage  of 
this  Ordinance,  of  the  right  to  maintain  and  operate  its  exist- 
ing street  railroad  by  single  or  more  tracks,  as  the  same  now 
exists  in  the  City  of  Youngstown,  with  all  necessary  curves, 
connections,  turn-outs,  cross-overs,  Y's,  loops,  poles,  trolley- 
feed  span  and  guy  wires,  equipment,  and  other  appurtenances, 
appliances  and  fixtures  upon,  along  and  over  the  folloAving 
streets,  avenues,  and  parts  thereof,  and  other  public  ways  and 
places  in  the  City  of  Youngstown : 

1.  On  West  and  East  Federal  Street.  From  the  north- 
westerly limits  of  the  City  of  Youngstown;  thence  on.  along 
and  over  West  Federal  street.  Central  Square.  East  Federal 
street,  including  the  East  Federal  street  bridge,  so-called,  and 
the  approaches  thereto,  and  including  the  entire  length  of  West 
Federal  street.  Central  Square,  East  Federal  street,  the  East 
Federal  street  bridge,  and  the  approaches  thereto. 

2.  Wilson  Avenue.  From  the  northwesterly  end  thereof, 
throughout  its  entire  length,  to  the  easterly  limits  of  the  City  of 
Youngstown. 


CITY   OF   YOUNGSTOWN,    OHIO  1/ 

3.  Ilimrod  Avenue.  From  and  including  the  Himrod  ave- 
nue approach  to  the  East  Federal  street  bridge,  and  thence  on, 
along  and  over  Himrod  avenue  to  Fruit  street. 

4.  Fruit  Street.     From  Himrod  avenue  to  Oak  street. 

5.  Oak  Street.    From  Fruit  street  to  Albert  street. 

6.  Albert  Street.  From  Oak  street  to  the  northerly  limits 
of  the  City  of  Youngstown. 

7.  Cedar  Street.  From  and  including  the  approach  from 
Cedar  street  to  the  East  Federal  street  bridge,  and  thence  to 
Poland  avenue. 

8.  Poland  Avenue.  From  Cedar  street  to  the  southeaster- 
ly limits  of  the  City  of  Youngstown. 

9.  Private  Eight  of  Way.  From  Poland  avenue  to  Frank- 
lin avenue. 

10.  Franklin  Avenue.  From  a  point  thereon  opposite  City 
Lot  No.  4374,  and  thence  to  Williamson  avenue. 

11.  Williamson  Avenue.  From  Franklin  avenue  to  Mar- 
ket street. 

12.  Market  Street.  From  Williamson  avenue  to  the  street 
formerh^  known  as  "Bresett  street." 

13.  On  street  formerly  kno-\\Ti  as  "Bresett  street"  from 
Market  street  to  Oak  Hill  avenue. 

14.  Oak  Hill  Avenue.  From  street  formerly  kno-\^Ti  as 
'"Bresett  .street"  to  Mahoning  avenue. 

15.  AYest  Woodland  Avenue.  From  Oak  Hill  avenue  to 
Glenwood  avenue. 

16.  Glenwood  Avenue.  From  West  Woodland  avenue  to 
Eaton  street. 

17.  Mahoning  Avenue.  From  the  westerly  limits  of  the 
City  of  Youngstown ;  thence  easterly,  on,  along  and  over  said 
street,  and  the  so-called  Mill  Creek  Viaduct  to  the  easterly  end 
of  said  avenue. 


l8  RAILWAY    AND    LIGHTING   ORDINANCES 

18.  On,  along  and  over  the  bridge  over  the  Mahoning 
river  at  "Spring  Common"  and  on,  along  and  over  "Spring 
Common,"  so-called,  to  West  Federal  street. 

19.  North  Avenue.  From  West  Federal  street  to  Burke 
street. 

20.  Burke  Street.    From  North  avenue  to  Foster  street. 

21.  Foster  Street.  From  Burke  street  to  Bismarck  avenue. 

22.  Wick  Avenue.    From  Central  Square  to  Wood  street. 

23.  Wood  Street.    From  Wick  avenue  to  Elm  street. 

24.  Elm  Street.    From  AYood  street'to  Thornton  avenue. 

25.  Thornton  Avenue.  From  Elm  street  to  Wick  avenue 
extension. 

26.  AVick  Avenue  Extension.  From  Thornton  avenue  to 
the  Hubbard  Road,  so-called. 

27.  On,  along  and  over  the  East  Federal  street  bridge,  so- 
called,  throughout  its  entire  length,  and  on.  along  and  over  the 
various  approaches  thereto. 

28.  On.  along  and  over  Central  Square,  from  Wick  ave- 
nue along  the  easterly  roadway  thereof  to  East  Federal  street, 
and  from  Wick  avenue  along  the  westerly  roadway  thereof  to 
West  Federal  street,  and  forming  with  its  connections  the  so- 
called  Central  Square  loop. 

MOTIVE  POWER  AND  CONSTRUCTION  OF  TRACKS. 

Section  3.  The  motive  power  for  the  operation  of  the 
Company's  Railway  shall  be  electricity,  or  such  other  motive 
power  as  Council  shall,  from  time  to  time  at  the  request  of  the 
Company,  approve.  The  construction  and  equipment  of  the 
Company's  Railway,  including  tracks,  poles,  wires,  cars  and  all 
fixtures,  appurtenances  and  appliances  in  connection  therewith, 
shall  be  first-class  in  every  particular,  and  at  all  times  main- 
tained in  a  first-class  condition.     The  tracks  hereafter  laid  in 


CITY    OF    YOUNGSTOWN,    OHIO  I9 

paved  or  unpaved  streets,  either  as  new  construction,  or  as  re- 
newal of  existing  construction,  shall  with  respect  to  their  style 
of  construction,  conform  to  the  general  ordinances  of  the  City 
of  Youngstown  which  are  now  in  force  or  may  hereafter  be 
adopted. 

MAINTENANCE  OF  POLES  AND  WIRES. 
Section  4.  The  right  is  hereby  given  to  the  Company  to 
maintain  its  present  lines  of  poles  and  wires,  and  to  erect  and 
maintain  such  other  lines  of  poles  and  wires  as  may  be  neces- 
sary to  connect  its  power  houses  and  its  said  street  railway  sys- 
tem, and  wherever  any  of  the  routes  hereinbefore  enumerated, 
provide  for,  or  include  private  right  of  way  or  property,  the 
Company  is  granted  the  right  to  maintain  and  operate  its 
tracks  on  and  across  any  and  all  intervening  streets,  and  to 
maintain  all  poles  and  wires  necessary  to  such  purpose. 

ADDITIONAL  TRACKAGE  AND  EXTENSION  OF  LINES. 
Section  5.  The  City  agrees  that  it  will,  upon  the  presenta- 
tion and  filing  of  the  necessary  consents  of  abutting  property 
owners,  grant  to  the  Company  the  right  to  construct,  maintain 
and  operate  the  following  additional  tracks  and  extensions  to 
lines: 

(a)  An  additional  track,  on,  along  and  over  Wood 
street  from  the  intersection  of  AVick  avenue  therewith  to 
the  intersection  of  Elm  street  therewith. 

(b)  An  additional  track,  on,  along  and  over  Elm 
street  from  the  intersection  of  Wood  street  therewith  to 
the  intersection  of  Broadway  therewith. 

(c)  An  extension  of  the  present  Elm  street  line  from 
its  present  terminus  on  Wick  avenue  extension ;  thence  on, 
along  and  over  Wick  avenue  extension  to  a  point  opposite 
the  plant  of  The  General  Fireproofing  Company. 


20  RAILWAY    AND    LIGHTING    ORDINANCES 


The  Company  shall,  immediately  upon  the  passage  of  tliis 
Ordinance,  diligently  proceed  to  obtain  the  necessary  consents 
for  said  extension,  and  upon  their  l)eing  ()l)tained,  shall  immedi- 
ately apply  to  Council  for  the  necessary  grants  of  the  right  to 
construct  and  maintain  said  extension.  Upon  such  grant  being 
made,  it  shall,  within  ninety  (90)  days  from  the  passage  there- 
of, construct  and  put  in  operation  said  extension,  unless  it  is 
prevented  therefrom  by  litigati<m  or  by  other  causes  beyond  its 
control. 

(d)  An  extension  to  the  "Ohio  AVorks"  of  the  Car- 
negie Steel  Company. 

(e)  Glenwood  Avenue  Extension.  An  extension  from 
the  Mahoning  avenue  line  from  a  point  near  the  easterly 
end  of  the  Mill  Creek  Viaduct;  thence  along  Glenwood  ave- 
nue to  a  connection  with  the  present  GleuAvood  avenue  line 
at  Woodland  avenue,  with  the  right,  when  such  extension 
is  constructed,  of  ceasing  the  operation  of  the  line  on  West 
Woodland  avenue  from  ITillman  street  to  Glenwood  avenue. 
The  Company  shall,  as  soon  as  possible,  after  the  pa.ssage  of 

this  Ordinance,  obtain  the  necessary  consents  to  construct, 
maintain  and  operate  the  additional  trackage  and  extensions, 
provideil  foi'  in  sub-{li\-isions  a.  b,  d  and  e,  of  this  Section.  T'pon 
such  consents  being  obtained,  it  shall  present  the  same  to  Coun- 
cil, with  an  application  for  the  ntM-essary  franchise,  and  upon 
such  franchise  being  granted,  slndl.  within  a  reasona])le  time. 
proceed  to  construct  and  put  in  operation  said  extensions,  or 
either  of  them. 

CONNECTING  TRACKS. 
Section  6.     Said  Company  is  herel)y  granted  n.pon  the  con- 
ditions herein  i)rovided,  and  for  th(>  i>eriovl  ju-ovided  in  Section 
2,  herein,  the  right  to  cnstruct,  maintain  and  operate  the  fol- 
lowing connecting  tracks: 


CITY    OF.  YOUNGSTOWN^    OHIO  21 


(a)  The  right,  privilege  and  franchise  to  connect  its 
.  lines  with  the  lines  of  The  Youngstown  Park  &  Falls  Street 

Railway  Company  ui^on  Central  Square  in  said  City. 

(b)  The  right,  privilege  and  franchise  to  connect  its 
lines  with  those  of  The  Youngstown  Park  &  Falls  Street 
Railway  Company  at  a  i)oint  on  IMarket  street  in  said  City 
near  to  Bresett  street,  so-called. 

(c)  The  right,  privilege  and  franchise  to  connect  its 
tracks  with  those  of  The  Youngstown  &  Sharon  Street  Rail- 
way Company  at  Basin  street  in  said  City. 

(d)  The  right,  privilege  and  franchise  to  connect  its 
tracks  with  those  of  The  Youngstown  &  Sharon  Street  Rail- 
way Company  at  the  intersection  of  Albert  street,  and  Mc- 
Guffey  street,  so-called. 

POV/ERS. 

Section  7.  The  Company  may  transport  upon  and  along 
its  lines,  in  suitable  cars,  such  material,  supplies,  appliances 
and  tools  as  it  may  need  in  the  construction,  maintenance  and 
operation  of  its  railroad.  It  may  carry  upon  its  passenger  cars, 
or  upon  other  cars,  mail  for  the  Government  of  the  United 
States.  It  may  carry  packages,  and  make  a  reasonable  charge 
therefor.  It  may  operate  funeral  cars,  observation  cars,  ex- 
press passenger  service,  and  other  special  cars,  but  the  trans- 
portation of  material,  supplies,  api)liances,  tools,  mail  and 
packages,  and  tlie  operation  of  funeral  cars,  observation  cars, 
and  other  special  cars,  shall  not  be  permitted  to  interfere  with, 
or  delay  the  carriage  of  passengers. 

PAVEMENT  AND  REPAIR. 

Section  8.  The  Company  shall,  as  to  all  streets,  or  parts 
thereof,  including  bridges,  over  which  its  lines  are  now  or  may 
hereafter  be  constructed,  at  its  own  cost  and  expense,  and  at 


22  RAILWAY   AND    LIGHTING   ORDINANCES 

the  same  time,  with  the  same  material,  and  in  the  same  man- 
ner as  the  balance  of  said  street,  or  part  thereof  is  paved,  pave 
and  when  necessary  repave  the  space  between  its  rails,  the 
space  between  its  tracks,  known  as  the  "devil  strip,"  and  one 
foot  upon  the  outside  of  its  tracks.  The  Company  shall,  how- 
ever, not  be  required  to  pave  or  repave  its  part  of  said  streets 
with  sheet  asphalt,  but  the  City  may  require  it  to  pave,  or  when 
necessary  repave,  its  portion  with  other  material,  provided  the 
same  is  not  more  expensive  than  sheet  asphalt.  The  Company 
shall,  as  to  all  paved  or  unpaved  streets,  or  parts  thereof,  in- 
cluding bridges  over  which  its  lines  now  are,  or  may  hereafter 
be  constructed,  keep  in  repair,  free  from  nuisance,  and  sprinkle 
between  its  rails,  the  space  between  its  tracks,  known  as  the 
"devil  strip,"  and  one  foot  on  the  outside  of  its  tracks.  In  the 
event  that  the  Company  shall  fail  or  refuse  to  pave,  repave 
when  necessary,  or  repair  said  space  within  thirty  days  after 
receiving  notice  so  to  do  from  the  City,  the  City  Council  may 
make  the  same,  or  cause  the  same  to  be  done,  and  said  City  of 
Youngstown  shall  collect  all  the  cost  and  expense  thereof  from 
said  Company,  and  the  entire  amount  of  such  costs  and  expense 
shall  constitute  a  lien  and  charge  upon  the  property  and  fran- 
chises of  said  Company,  the  same  as  if  levied  and  assessed,  as 
in  the  case  of  other  municipal  improvements. 

EQUIPMENT. 

Section  9.  The  Company  shall,  at  all  times,  during  the  life 
of  this  grant,  furnish,  operate  and  maintain  upon  all  its  lines 
Avithin  the  City  of  Youngstown,  a  sufficient  number  of  first- 
class,  commodious  cars  for  tlu'  accommodation  of  its  patrons. 
All  cars  shall  be  of  modern  design,  and  at  all  times  kept  and 
maintained  in  first-class  condition  and  repair;  and,  after  dark, 
all  cars  running  shall  be  lighted  and  provided  with  suitable 


CITY   OF   YOUNGSTOWN,    OHIO  23 


route  designations  and  headlights.    All  cars  shall  be  kept  clean, 
well  ventilated  and  comfortably  heated. 

SERVICE  AND  REGULATION. 

Section  10.  The  City  of  Youngstown  shall,  at  all  times, 
during  the  continuance  of  this  grant,  have  the  right  to  pre- 
scribe, and  The  jMahoning  Valley  Railway  Company  shall  at  all 
times  during  the  continuance  of  this  grant,  comply  mth  and 
conform  to  such jreason able  rules  and  regulations  as  are,  or  may 
hereafter  be  prescribed  by  the  City,  by  ordinance  with  respect 
to, 

(a)  The  number,  schedules,   intervals  between   and 
freiiuency  of  movement  of  cars. 

(b)  The  rate  of  speed  at  which  cars  shall  be  operated. 

(c)  The  equipment  of  ears. 

The  Company  shall,  under  such  regulations,  schedules,  and 
at  such  rates  of  fare  as  the  Council  shall  from  time  to  time  fix, 
and  not  less  than  the  rates  provided  in  Section  12  hereof,  oper- 
ate such  night  cars  between  the  hours  of  12  o'clock  midnight 
and  5  o'clock  a.  m.,  as  may  be  reasonably  necessary  to  accom- 
modate the  public.  Passengers  riding  upon  such  night  ears 
shall  not  be  entitled  to  demand  transfers  to  other  lines  unless 
such  transfers  were  received  from  a  day  car.  Passengers  rid- 
ing on  night  cars  shall  be  entitled  to  transfers  to  day  cars. 

The  JMahoning  Valley  Railway  Company  shall,  for  a  period 
of  Three  (3)  years  from  and  after  the  passage  of  this  Ordi- 
nance, maintain  not  less  than  the  following  schedules  of  cars 
on  its  various  lines  within  the  City  of  Youngstown : 

Elm  Street.  From  5  a.  m.  to  11  a.  m.,  ears  to  be  run  at  not 
less  than  12  minute  intervals.  From  11  a.  m.  to  9  p.  m.,  cars  to 
be  run  at  not  less  than  10  minute  intervals.  From  9  p.  m.  to  12 
m.,  cars  to  be  run  at  not  less  than  12  minute  intervals. 


24  RAILWAY   AND   LIGHTING   ORDINANCES 

Albert  Street  and  North  Avenue.  Cars  to  be  run  at  not 
less  than  15  minute  intervals. 

South  Side  Lines.  Cars  to  be  run  at  not  less  than  15  min- 
ute intervals,  with  extra  cars  between  4  p.  m.  and  6  p.  m. 

Mahoning  Avenue.  Cars  to  be  run  at  not  less  than  15  min- 
ute intervals. 

Poland  Avenue.  Cars  to  be  run  at  not  less  than  15  min- 
ute intervals. 

Public  Square  to  Easterly  City  Limits — Main  Line.  From 
5  a.  m.  to  6  :3()  a.  m.,  cars  to  be  run  at  intervals  of  not  less  than 

5  minutes.  From  6:30  a.  m.  to  3  p.  m.,  cars  to  be  run  at  in- 
tervals of  not  less  than  10  minutes.  From  3  p.  m.  to  6  p.  m., 
cars  to  be  run  at  intervals  of  not  less  than  T^/o  minutes,  with 
extra  cars  to  East  Youngstown.  From  6  p.  m.  to  12  m.,  cars  to 
be  run  at  intervals  of  not  less  than  15  minutes. 

The  above  service  not  including  the  Limited  service. 

Public  Square  to  Calvin  Street — Main  Line.    From  5  a.  m. 

to  6 :30  a.  m.,  cars  to  be  run  at  not  less  than  10  minute  intervals; 

6  :30  a.  m.  to  3  p.  m.,  cars  to  be  run  at  intervals  of  not  less  than 
15  minutes;  3  p.  m.  to  6  p.  m..  cars  to  be  run  at  intervals  of  not 
less  than  10  minutes;  6  p.  m.  to  12  m..  cars  to  be  run  at  not  less 
than  15  minute  intervals. 

The  above  service  not  including  the  Limited  service. 

Glenwood  Avenue.  Cars  to  be  operated  at  not  less  than  20 
minute  intervals,  except  between  the  hours  of  4  and  6  p.  m., 
when  cars  shall  be  operated  at  not  less  than  15  minute  inter- 
vals. 

The  above  schedules  to  be  maintained  for  the  period  above 
named,  except  in  the  event  of  continuous  business  depression, 
resulting  in  substantial  losses. 


CITY    OF    VOUNGSTOWN,    OHIO  ?.^ 


CONDUCTORS  AND  MOTORMEN— EXERCISE  OF 

CAUTION. 

Section  11.  The  conductor  in  charge  of  cars,  so  far  as  pos- 
sible, shall  not  allow  any  lady  or  child  to  enter  or  leave  any  car 
while  in  motion,  and  the  conductor  and  motorman  shall  keep  a 
vigilant  watch  for  all  teams,  carriages,  persons,  and  obstruc- 
tions upon  or  near  to  the  track,  and  shall  give  warning  and 
stop  the  car  if  necessary,  to  prevent  accident,  and  the  motor- 
man  shall  always  be  upon  the  front  platform  while  the  car  is 
in  motion. 

RATES  OF  FARE. 

Section  12.  The  INIahoning  Valley  Kailway  Company,  its 
successors  and  assigns,  shall  be  entitled  to  charge  fares  wnthin 
the  present  corporate  limits  of  the  city,  including  Stop  10,  op- 
posite the  plant  of  The  Youngstown  Sheet  &  Tube  Company 
without  the  City,  and  including  a  point  opposite  the  plant  of 
The  General  Fireproofing  Company  without  the  Cit3^  during 
the  term  herein  provided  at  the  following  rates,  and  no  more, 
to-wit : 

For  a  single  cash  fare,  five  cents. 

For  tickets  in  packages  of  six,  twenty-five  cents. 

For  tickets  in  packages  of  twelve,  fifty  cents. 

For  tickets  in  packages  of  twenty-five,  one  dollar. 

Tlie  above  tickets  shall  be  sold  by  the  Company  upon  all 
ears,  and  the  Company  shall  accept  for  transportation  over  its 
lines  tickets  issued  by  The  Youngstown  &  Sharon  Street  Rail- 
way Company  and  The  YoungstoAvn  Park  &  Falls  Street  Rail- 
Avay  Company. 

For  school  children's  tickets  during  the  school  season,  in 
packages  of  thirty-three,  one  dollar. 


26  RAILWAY    AND    LIGHTING    ORDINANCES 

The  Company  shall  have  the  right  to  prescribe  and  enforce 
reasonable  regulations  with  regard  to  the  use  and  sale  of  school 
children 's  tickets.  Any  child  of  the  age  of  five  years,  or  under, 
accompanied  by  parent  or  guardian,  shall  be  carried  free. 

TRANSFERS. 

Section  13.  Any  passenger  demanding  a  transfer  ticket  at 
the  time  of  paying  such  cash  or  ticket  fare  shall  be  entitled, 
without  additional  charge,  to  transfer  from  the  route  on  which 
he  shall  have  paid  such  fare  to  any  other  route  of  the  Company 
within  the  City,  and  to  Stop  10  opposite  the  plant  of  The 
Youngstown  Sheet  &  Tube  Company  without  the  City,  and  to  a 
point  opposite  the  plant  of  The  General  Fireproofing  Company 
without  the  City,  and  such  transfers  shall  entitle  such  passen- 
ger to  transfer  to  any  point  on  the  line  of  The  Youngstown  & 
Sharon  Street  Railway  Company  Avithin  the  City,  or  to  any 
point  on  the  line  of  The  Youngstown  Park  &  Falls  Street  Rail- 
way Company  within  the  City  and  to  Idora  Park  on  the  line  of 
The  Youngstown  Park  &  Falls  Street  Railway  Company  with- 
out the  City,  provided,  however,  that  such  passenger  shall 
transfer  to  the  car  upon  such  second  route  first  passing  such 
transfer  point  upon  such  second  route  after  the  intending  pas- 
senger's arrival  thereat,  and  at  the  first  point  of  intersection  of 
said  routes,  or  at  such  other  transfer  point  established  by  the 
Company.^  If  cars  upon  two  or  more  routes  are  operated  regu- 
larly along  the  same  street,  persons  who  are  able  to  reach  their 
destination  by  one  of  said  routes  without  transfer  to  another  of 
said  routes,  shall  board  a  car  upon  the  route  reaching  such 
destination,  and  shall  not  be  entitled  to  a  transfer  thereto  from 
any  other  route.  The  Company  shall  not  be  required,  however, 
to  furnish  a  round  trip  ticket  for  a  single  fare,  or  to  carry  any 
passenger  to  any  point  upon  its  railway  to  the  vicinity  of  his 


CITY   OF   YOUNGSTOWN.    OHIO  2'J 


starting  point  for  a  single  fare,  and  the  Company  may  make 
such  reasonable  regulations  not  inconsistent  with  the  provisions 
of  this  Ordinance  as  may  be  necessary  to  prevent  the  misuse  or 
abuse  of  transfers.  "^The  Company  shall  accept  for  passage  to 
any  point  on  its  lines  within  the  City  of  Youngstown  and  to 
Stop  10  opposite  the  plant  of  The  Youngstown  Sheet  &  Tube 
Company  without  the  City  of  Youngstown,  and  to  a  point  op- 
posite the  plant  of  The  General  Fireproofing  Company,  without 
the  City  of  Youngstown,  transfers  issued  to  passengers  taking 
passage  withhi  the  City  of  Youngstown.  on  the  line  of  The 
Youngstown  &  Sharon  Street  Railway  Company,  within  the 
City  of  Youngstown.  or  to  passengers  taking  passage  on  the 
line  of  The  Youngstown  Park  k  Falls  Street  Railway  Company 
within  the  City  of  Youngstown,  or  to  passengers  taking  pas- 
sage at  Idora  Park  on  the  line  of  The  Youngstown  Park  & 
Falls  Street  Railway  Company  without  the  City  of  Youngs- 
town. 

In  the  event  that  The  Youngstown  Sheet  &  Tu])e  Conijiany 
shall  construct  a  bridge  from  its  ]>lant.  thence  across  the  Ma- 
honing river  to  the  Poland  avenue  line,  then  and  in  that  event. 
the  ticket  and  transfer  jirivilege  herein  sot  forth  shall  extend 
to  a  point  without  the  city  limits  on  tln^  Poland  avoimo  line  op- 
posite said  proposed  bridge. 

CROSSING  OTHER  LINES. 

Section  14.  The  City  reserves  to  itself  the  right  to  grant 
to  any  other  person  or  persons.  Company  or  Cor|)oration,  oper- 
ating a  street  railway  within  said  City,  the  right  and  privilege 
to  cross  said  Company's  tracks  at  grade  at  any  public  street 
crossing;  also  the  right  to  prescribe  the  terms  and  conditions 
as  to  such  occupation  and  compensation  in  the  event  that  such 
companies  should  fail  to  come  to  such  agreement  by  and  be- 
tween themselves. 


28  RAILWAY    AND    LIGHTING   ORDINANCES 


INDEMNITY. 

Section  15.  Said  Company  shall  at  all  times  defend,  keep 
harmless,  and  indemnify,  the  City  of  Youngstown,  from  all 
damages,  claims  and  demands  for  injury  to  persons  or  prop- 
erty, together  with  any  cost  and  expense  to  which  said  City 
may  be  legally  subjected,  or  made  liable  by  any  proceedings  at 
law.  or  in  equity,  arising  from  or  growing  out  of  the  privileges 
granted  in  this  ordinance  or  out  of  the  exercise  or  operation  of 
the  same  by  the  Company,  provided  that  said  Company  shall 
have  reasonable  notice  of  the  pendency  of  such  action,  and 
shall,  upon  receipt  of  said  notice,  assume  the  defense  and  cost 
of  all  such  actions. 

JOINT  USE  OF  TRACKS. 

Section  16.  The  City  hereby  reserves  the  right  and  power 
at  any  time,  during  the  life  of  this  grant  to  grant  to  any  other 
company  or  corporation  engaged  in  operating  an  inter-urban 
street  railroad  having  a  trackage  of  at  least  eight  miles  outside 
of  the  limits  of  the  City  of  Youngstown.  to  jointly  use  with 
said.  The  :\Iahoning  Valley  Railway  Company,  any  track  or 
part  thereof  owned  or  operated  by  said  Company  vrhieh  may  be 
necessary  to  enable  the  cars  operated  on  such  inter-urban  rail- 
road to  ])ass  by  the  most  direct  route  to  and  from  Central 
Square  within  said  City.  If  such  right  to  such  joint  use  be 
granted  by  the  City,  and  if  fair  and  reasonable  terms,  con- 
ditions and  compensation  for  such  joint  use  cannot  be  agreed 
upon  by  said.  The  :Mahoning  Valley  Railway  Company  and  the 
corporation  or  company  ai)plying  for  such  joint  use  within 
sixty  days  after  such  grant  is  made  by  the  City,  the  terms,  con- 
ditions and  compensation  under  Avhich  such  joint  use  shall  be 
enjoyed,  shall  be  submitted  to  arbitration.    One  arbitrator  shall 


CITY   OF    VOUNGSTOWN,    OHIO  2g 


be  chosen  by  The  Mahoning  Valley  Railway  Company,  one  by 
the  corporation  or  company  ai)plying  for  sneh  joint  use,  and 
the  two  so  chosen  to  select  a  third  arbitrator.  If  sudi  arbitra- 
tors shall  fail  to  agree  upon  a  third  arbitrator  within  sixty 
days  from  their  appointment,  then  such  third  arbitrator  shall 
be  appointed  by  a  Judge  of  the  Court  of  Common  Pleas  of  ^Ma- 
honing  County.  Ohio.  The  decision  of  the  said  arbitrators,  in 
the  absence  of  fraud,  accident  or  mistake  of  law  or  fact,  .shall 
be  conclusive  upon  both  parties.  Any  grant  or  traffic  arrange- 
ment made  by  said,  The  iNIahoning  Valley  Railway  Company 
with  any  other  corporation,  company  or  individual  to  use  its 
tracks,  or  anv  part  thereof,  shall  be  subject  to  all  rules  and 
regulations  of  said  City  now  in  force,  or  which  m<\\  hereafter 
be  adopted  by  said  City  concerning  the  rate  of  speed  aiul  head- 
way and  the  operation,  character,  lighting  and  heating  of  all 
cars  so  operated  under  such  grant  or  traffic  arrangement  for 
such  joint  use.  and  for  the  comfort  and  safety  of  passengers 
carried  thereon. 

It  being  expressly  understood  and  agreed  that  such  joint 
use  shall  not  be  required  or  permitted  if  such  joint  use  would 
sub.stantially  interfere  with  the  transportation  or  carriage  of 
passengers  by  The  Mahoning  Valley  Railway  Company  within 
the  City  of  Youngstown.  or  substantially  interfere  with  or  de- 
lay the  performance  l)y  The  ]\rahoning  Valley  Railway  Com- 
pany of  its  public  duties  as  a  common  carrier  of  passengers  for 
hire  within  the  limits  of  the  City  of  Youngstown.  or  substantial- 
ly interfere  with  the  discharge  of  the  obligations  imposed  by 
this  Ordinance;  nor  shall  such  other  inter-urban  railroad  com- 
pany have  the  right  to  carry  local  passengers  over  the  tracks 
of  The  Mahoning  Vallej^  Railway  Company  within  the  City  of 
Youngstown. 


30  RAILWAY    AND    LIGHTING   ORDINANCES 

SPRING  COMMON  VIADUCT. 
Section  17.  The  Mahoning  Valley  Railway  Company,  its 
successors,  or  assigns,  shall,  in  the  event  that  a  viaduct  or  over- 
head bridge  is  constructed  over  the  Mahoning  river,  the  tracks 
of  The  Pennsylvania  Company,  The  Baltimore  &  Ohio  Railroad 
Company  and  The  Erie  Railroad  Company,  at  Spring  Common, 
pay,  or  cause  to  be  paid,  to  the  City  of  Youngstown,  or  as  it 
may  designate,  one-half  of  the  entire  cost  and  expense  which 
may  be  assessed  or  borne  by  the  City  of  Youngstown  on  ac- 
count of  such  proposed  construction.  In  the  event  that  the 
City's  portion  is  payable  in  deferred  payments,  then,  and  in 
that  event,  the  Company  shall  be  entitled  to  likewise  defer  the 
payment  of  its  proportionate  part,  as  is  hereinbefore  provided. 
Should  any  other  Company  be  hereafter  granted  the  right  to 
cro.ss  said  proposed  viaduct  with  its  tracks,  it  shall  be  required 
by  the  City  to  pay  to  The  Mahoning  Valley  Railway  Company 
one-third  of  its  contribution  to  said  viaduct. 

CAR  LICENSE. 

Section  18.  The  Company  shall  pay  to  the  City  an  annual 
license  fee  of  ten  dollars  for  each  ear  operated  within  said  City. 

REGULATION. 
Section  19.  The  construction  and  operation  of  the  street 
railroads  herein  authorized,  shall  be  subject  to  and  governed  by 
the  general  street  railroad  ordinances  now  in  force,  except  as 
the  same  are  herein  modified,  and  future  ordinances  and  regu- 
lations of  the  City  not  inconsi-stent  herewith. 

VIADUCTS. 

Section  20.  AVhen  a  separation  of  grades  shall  bo  hereafter 
determined  upon,  at  any  public  street  and  railroad  crossing 
Avithin  the  City  of  Youngstowai,  upon  which  crossing  the  tracks 
of  the  Companj^  are  now,  or  may  hereafter  be  constructed,  the 


CITY   OF   YOUNGSTOWN,    OHIO  3I 

City  of  Youngstown  shall  have  the  power,  by  ordinance,  to  re- 
quire the  Company  to  bear  a  fair  and  reasonable  proportion  of 
the  cost  assumed  by  the  City  of  Youngstown  in  the  making  of 
said  improvement,  in  connection  with  such  grade  separation, 
not  exceeding,  however,  one-half  of  the  portion  payable  by  said 
City  of  Youngstown.  Said  contribution  so  to  be  made  by  the 
Company  to  be  in  full  of  its  proportion  to  said  improvement  or 
improvements. 

In  the  event  that  the  City's  portion  is  payable  in  deferred 
payments,  then,  and  in  that  event,  the  Company  shall  be  en- 
titled to  likewise  defer  the  payment  of  its  proportionate  part, 
as  hereinbefore  provided.  Should  any  other  street  railway 
company  be  thereafter  granted  the  right  to  cross  said  crossing 
with  its  tracks,  after  such  separation  of  grades,  it  shall  be  re- 
quired by  the  City  of  Youngstown  to  repay  to  The  Mahoning 
Valley  Railway  Company  one-third  of  its  contribution  to  said 
improvement. 

FUTURE  EXTENSIONS. 

Section  21.  The  Company  shall,  in  the  event  that  the 
necessary  consents  and  grants  are  obtained,  from  time  to  time, 
construct,  maintain  and  operate,  such  extensions  from  its  pres- 
ent or  future  lines  within  the  City  of  Youngstown,  as  the  y>ub- 
lic  convenience  and  business  of  the  Company  may,  from  time  to 
time,  justify  and  require. 

FORFEITURE. 

Section  22.  In  case  of  any  failure  of  the  Company  to  do 
and  perform  each  and  every  one  of  the  terms  and  conditions 
herein  stipulated  to  be  performed  by  it,  and  such  failure  shall 
continue  for  an  unreasonable  time  after  written  notice  to  The 
Mahoning  Valley  Railway  Company  from  the  Council  of  said 


32  RAILWAY    AND    LIGHTING   ORDINANCES 

City,  of  its  intention  to  exact  a  forfeiture  by  reason  of  such 
failure,  the  Company  shall,  upon  the  passage  of  an  ordinance 
by  two-thirds  vote  of  the  Council,  declaring  such  forfeiture, 
forfeit  all  and  singular  all  the  rights  and  privileges  herein 
granted,  and  thereafter  all  such  rights  and  privileges  shall 
cease  and  determine  and  be  null  and  void. 

The  above  remedy  to  be  in  addition  to  other  remedies  pro- 
vided by  law. 

REPEAL  AND  TERMINATION  OF  PRESENT  FRANCHISE. 

Section  23.  The  acceptance  of  this  Ordinance  by  the  Com- 
pany in  the  manner  herein  provided  shall  be  and  constitute  a 
surrender,  termination  and  cancellation  of  all  the  grants,  and 
franchises  of  every  kind,  character  and  description,  received, 
acquired  or  owned  by  it,  or  its  predecessors,  from  the  City  of 
Youngstown,  Ohio,  or  from  any  source  whatever,  to  operate 
street  railways  within  the  present  limits  of  the  City  of  Youngs- 
town. 

The  provisions  of  any  and  all  ordinances  and  resolutions 
and  parts  of  ordinances  and  resolutions,  heretofore  passed  and 
adopted  by  the  City  Council  of  said  City,  which  are  inconsist- 
ent with  the  terms  of  this  Ordinance  are  here])y  repealed  and 
rescinded. 

ACCEPTANCE. 

Section  24.  The  Mahoning  Valley  Railway  Company,  for 
itself,  its  successors,  lessees  and  assigns,  shall,  within  thirty 
days  from  the  passage  of  this  Ordinance,  file  with  the  City 
Clerk,  its  written  acceptance  of  the  terms,  conditions,  cove- 
nants and  provisions  hereof,  and  its  agreement  to  be  bound  by 
the  terms,  conditions,  covenants  and  provisions  hereof:  which 
said  acceptance  shall  be  in  the  following  form : 


CITY   OF   YOUNGSTOWN,   OHIO  33 


"To  the  Honorable,  the  City  Council  of  the  City  of  Youngs- 
town,  Ohio: 

Gentlemen:  The  undersigned.  The  ^Mahoning  Valley  Rail- 
way Company,  for  itself,  its  successors,  lessees  and  assigns, 
hereby  accepts  the  terms,  conditions,  covenants  and  provisions 
of  an  Ordinance,  entitled,  'An  Ordinance  Renewing  to  The  Ma- 
honing Valley  Railway  Company  for  the  Term  of  Twenty-five 
Years,  its  Grants,  Rights,  Privileges  and  Franchises  to  Main- 
tain and  Operate  its  Tracks  and  Lines  of  Street  Railway  upon 
the  Streets,  Avenues,  "Ways  and  Places  and  Parts  of  Streets. 
Avenues,  Ways  and  Places  Hereinafter  Mentioned,  in  the  City 
of  Youngstown,  Ohio,  Fixing  the  Terms  and  Conditions  of  such 
Renewal  Grants — Changing  the  Rate  of  Fare — Regulating 
Transfers,  and  Terminating  Existing  Grants,'  and  passed  in 

Council  on  the day  of 

1908;  and  said  The  Mahoning  Valley  Railway  Company,  for 
itself,  its  successors,  lessees  and  assigns,  hereby  agrees  to  he 
l)ouiid  !)>'  the  terms,  conditions,  covenants  and  provisions,  and 
each  of  them,  in  said  Ordinance  contained. 

THE  MAHONING  VALLEY  RAILWAY  COMPANY, 

(Seal)  By 

Vice  President. 
Attest : 

Secretary. 

Dated  at  Youngstown,  Ohio,  tlie day  of 

,  1908." 


RAILWAY    AND    LIGHTING    ORDINANCES 


TIME  OF  TAKING  EFFECT. 

Section  25.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  legal  publication,  and  the 
acceptance  hereof  by  the  Company,  in  writing,  as  hereinbefore 
provided;  provided,  that  the  provisions  as  to  the  issuance  and 
acceptance  of  transfers  and  sale  of  tickets  shall  not  take  eft'ect 
until  thirty  days  from  the  date  of  the  passage  and  publication 
hereof. 

Passed  in  Coimcil  this  twenty-fifth  day  of  August,  A.  D. 
1908. 

M.  C.  HIGGINS, 

President  of  Council. 
Attest:— M.  F.  Hyland,  Clerk. 

Approved  this  third  day  of  September.  A.  D.  1908. 

A.  W.  CRAVER,  Mayor. 


ACCEPTANCE 


OF 


The  Mahoning  Valley  Railway  Company 


OF 


AN   ORDINANCE   RENEWING  AND  EXTEND- 
ING ITS  FRANCHISES  WITHIN  THE 
CITY  OF  YOUNGSTOWN 


"To  the  Honorable,  the  City  Council  of  the  City  of  Youngs- 
town,  Ohio: 

Gentlemen:  The  iindersigued,  The  Mahoning  Valley  Rail- 
way' Company,  for  itself,  its  successors,  lessees  and  assigns, 
hereby  accepts  the  terms,  conditions,  covenants  and  provisions 
of  an  Ordinance,  entitled,  "An  Ordinance  Renewing  to  The* 
Mahoning  Vallej'  Railway  Company  for  the  Term  of  Twenty- 
five  Years,  its  Grants,  Rights.  Privileges  and  Franchises  to 
Maintain  and  Operate  its  Tracks  and  Lines  of  Street  Railway 
upon  the  Streets,  Avenues,  Ways  and  Places  and  Parts  of 
Streets,  Avenues,  Ways  and  Places  Hereinafter  Mentioned,  in 
the  City  of  YoungstoAvn,  Ohio,  Fixing  the  Terms  and  Condi- 
tions of  such  Renewal  Grants — Changing  the  Rate  of  Fare, — 
Regulating  Transfers,  and  Terminating  Existing  Grants,"  and 
passed  in  Council  on  the  25th  day  of  August,  1908;  and  said 
The  Mahoning  Valley  Railway  Company,  for  itself,  its  succes- 
sors, lessees  and  assigns,  hereby  agrees  to  be  bound  by  the 
terms,  conditions,  covenants  and  provisions,  and  each  of  them, 
in  said  Ordinance  contained. 

THE  .AI A  HONING  VALLEY  RAILWAY  COMPANY, 
(Seal)  By  R.  Montgomery,  Vice  President. 

Attest :     S.  C.  Rogers,  Secretary. 

Dated  at  Youngstown,  Ohio,  the  23rd  day  of  September, 
1908. 


37 


APPLICATION 


OF 


The  Younorstown  &  Sharon  Street 
Railway  Company 


FOR 


RENEWAL  AND  EXTENSION  OF 
FRANCHISES 


To  the  Honorable,  the  Council  of  the  City  of  Youngstown,  Ohio : 
Gentlemen:  The  Youngstown  &  Sharon  Street  Railway- 
Company,  for  itself,  its  successors,  lessees  and  assigns,  hereby 
requests  your  Honorable  Body  to  grant  to  it,  its  successors, 
lessees  and  assigns,  for  the  period  of  twenty-five  years,  exten- 
sions and  renewals  of  the  rights,  privileges  and  franchises 
granted  to  it  or  its  predecessors  in  title,  by  various  ordinances 
heretofore  enacted  by  the  City  of  Youngstown,  Ohio,  on,  along 
and  over  the  following  streets,  alleys,  avenues,  roads,  ways, 
places  and  parts  thereof  within  said  City : 

1.  Boardman  Street. 

From  ]\Iarket  Street  to  Basin  Street. 

2.  Basin  Street. 

From  Boardman  Street  to  and  across  East  Federal  Street. 

3.  Private  Right  of  Way. 

From  East  Federal  Street  or  Basin  Street  to  the  sontliorly 
end  of  Andrews  Avenue. 

4.  Andrev/s  Avenue. 

From  the  southerly  end  thereof  to  McGuffey  Street. 

5.  McGuffey  Street. 

From  Andrews  Avenue  to  and  across  the  McGuffey  Street 
Viaduct  to  private  right  of  way. 

6.  On  Private  Right  of  Way. 

From  a  point  near  the  end  of  the  I\IcGuffey  Street  Viaduct 
to  a  connection  with  McGuffey  Street. 

7.  McGuffey  Street. 

From  private  right  of  way  to  the  easterly  City  Limits  of 
Youngstown. 

Together  with  the  right  to  maintain  and  operate  on,  along 
and  over  said  streets,  alleys,  avenues,  roads,  ways,  places  and 
parts  thereof,  its  existing  street  railway  by  single  or  more 

41 


42  RAILWAY    AND    LIGHTING   ORDINANCES 

tracks  as  the  same  now  exists  in  the  City  of  Youngstowli,  with 
all  necessary  curves,  connections,  turn-outs,  cross-overs,  Y's, 
loops,  trolley-feed-span  and  guy-wires,  and  such  other  equip- 
ment, appurtenances,  appliances  and  fixtures  as  may  be  neces- 
sary for  the  proper  construction,  operation  or  maintenance 
thereof. 

Said,  The  Youngstown  &  Sharon  Street  Railway  Company 
further  requests  your  Honorable  Body  to  grant  to  it,  its  suc- 
cessors, lessees  and  assigns,  the  following  rights  and  privileges: 

First.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  a  connection  between  its  tracks  from  a 
point  near  the  westerly  end  of  Boardman  Street  with  the  tracks 
of  The  Youngstown  Park  &  Falls  Street  Railway  Company. 

Second.  The  right,  privilege  and  franchise  to  construct 
additional  switches  to  and  from  its  lines  on  Boardman  Street 
opposite  its  present  freight  station,  to  and  within  said  freight 
station. 

Third.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  a  connection  between  its  tracks  from  a 
point  where  Champion  Street  intersects  Boardman  Street,  and 
thence,  on,  along  and  over  Champion  Street  to  tlie  line  of  The 
Youngstown  &  Southern  Railway  Company. 

Fourth.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  a  connection  between  its  tracks  on  Basin 
Street  with  the  tracks  of  The  Mahoning  Valley  Raihvay  Com- 
pany. 

Fifth.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  a  connection  betw'een  its  tracks  where 
the  same  cross  Albert  Street  with  the  tracks  of  The  .Mahoning 
Valley  Railway  Company  upon  Albert  Street. 

The  Youngstown  &  Sharon  Street  Railway  Company 
further  requests  your  Honorable  Body  to  so  modify  the  exist- 


CITY    OF    YOUNGSTOWN.    OHIO  43 


ing  rates  of  fare  which  it  is  entitled  to  charge  within  the  City 
of  YoungstoA\ai.  as  that  such  rates  of  fare  which  it  shall  be  en- 
titled to  charge  shall  be  as  follows: 

Single  cash  fare  five  cents. 

Tickets  in  jicickages  of  six.  twenty-five  cents. 

Tickets  in  packages  of  twelve,  fifty  cents. 

Tickets  in  packages  of  twenty-five,  one  dollar. 

School  children's  tickets  during  the  school  season,  tickets 
in  packages  of  33.  one  dollar. 

As  a  consideration  of  the  renewals  and  extensions  of  the 
franchises  and  ordinances  above  enumerated,  and  of  the  right 
to  construct  additional  tracks  and  connections,  and  the  modifi- 
cation of  its  rates  of  fare  as  above  enumerated.  Tlic  Youngs- 
town  &  Sharon  Street  Railway  Company  for  itself,  its  succes- 
sors and  assigns,  agrees  that  it  will : 

First.  Connect  its  lines  with  the  lines  of  The  Youiigstown 
Park  &  Falls  Street  Railway  Company  at  Market  Street;  its 
lines  with  the  lines  of  The  i\Iahoning  Valley  Railway  Company 
at  Basin  Street;  its  lines  with  the  lines  of  The  Mahoning  Val- 
ley Railway  Company  at  Albert  Street,  so  that  inter-m.oveinent 
and  inter-routing  of  cars  from  and  between  the  lines  of  The 
Youngstowii  &  Sharon  Street  Railway  Company  and  The  Ma- 
honing Valley  Railway  Company  and  The  YoungstoAvn  Park 
&  Falls  Street  Railway  Company  shall  lie  made  possible. 

Secor?d.  That  it  will  carry  passengers  wilhin  the  limits  of 
the  City  of  Youngstown  as  they  at  present  exist  at  the  follow- 
ing rates  of  fare: 

Single  cash  fare,  five  cents. 
Six  tickets  for  twenty-five  cents. 
Twelve  tickets  for  fifty  cents. 
Tv.^entv-five  tickets  for  one  dollar. 


44  RAILWAY    AND    LIGHTING    ORDINANCES 


School  children's  tickets  during  the  time  that  school  is  in 
session  to  be  sold  to  school  children  entitled  thereto,  33  tickets 
for  one  dollar. 

It  being  understood  and  agreed  that  the  above  tickets  are 
not  to  be  sold  upon  cars,  but  are  to  be  sold  at  ticket  offices  lo- 
cated at  Central  Square  in  the  City  of  Youngstown.  at  the  gen- 
eral offices  of  the  Company,  and  at  convenient  places  to  be 
established  throughout  the  City  of  Youngstown. 

Third.  That  it  will  give  to  passengers  taking  passage  on 
its  cars  within  the  City  of  Youngstown.  transfers  entitling  such 
passengers  to  ride. 

(a)  To  any  point  upon  the  lines  of  The  Mahoning 
Valley  Railway  Company  within  the  City  of  Youngstown, 
to  a  point  opposite  the  plant  of  The  Youngstown  Sheet  & 
Tube  Company,  and  a  point  opposite  the  plant  of  The  Gen- 
eral Fireproofing  Company,  and  the  territory  intervening 
between  said  points  and  the  City  Limits  of  YoungstoAvn 
without  the  City  of  Youngstow^n. 

(b)  To  all  points  on  the  line  of  The  YoungstoAvm 
Pai:k  &  Falls  Street  Raihvay  Company  within  the  City  of 
Youngstown.  ;ind  to  Idora  Park  on  the  line  of  said  rail- 
way-without the  City  of  Youngstown.  and  the  territory 
intervening  between  said  Idora  Park  and  the  City  Limits 
of  YoungstoA^Ti. 

Fourth.  That  it  will  accept  for  transportation  to  any  part 
of  its  line  Avithin  the  City  of  Youngstown.  transfers  issued  by 

(a)  The  ]\Iahoning  Valley  Raihvay  Company  to  pas- 
sengers taking  passage  at  any  point  within  the  City  of 
YoungstoAvn  from  a  point  opi)osite  the  plant  of  The 
Youngstown  Sheet  &  Tube  Company  without  the  City  of 
Youngstown  and  a  point  opposite  the  plant  of  The  General 
Fireproofing   Company  without   the   City  of  Youngsto-wn 


CITY    OF   YOUNGSTOWN,    OHIO  45 

and  the  territory  intervening  between  said  points  and  the 
City  Limits  of  Yonngstown. 

(b)     The  Youngstown  Park  &  Falls  Street  Railway 
Company  to  passengers  taking  passage  over  any  i)oint  on 
its  lines  within  the  City  of  Youngstown.   at   Idora  Park 
without  the  City  of  Youngstown.  and  at  all  points  between 
Idora  Park,  and  the  City  Limits  of  Youngstown. 
It  being  understood  that  the  present  rates  and  transfers 
shall  be  changed  and  the  present  franchises  of  this  company 
surrendered  only  in  the  event  that  the  Council  of  said  City 
shall  grant  the  rights  herein  requested,  and  shall  further  grant 
to  The  Youngstown  Park  &  Palls  Street  Railway  Company,  its 
successors  and  assigns,  the  rights,  privileges  and  franchises  re- 
quested l)y  it  in   its  application  this  day  tiled,  and  shall  also 
grant  to  The  Mahoning  Valley  Railway  Company,  its  successors 
and  assigns,  the  rights,  privileges  and  franchises  recpiested  by 
it  in  its  application  this  day  filed. 

Respectfully  submitted. 

THE  YOUNGSTOWN  &  SHARON  STREET  RAITAYAY 
CO:\IPANY, 

By  M.  E.  McCaskey,  Gen.  Mgr. 

Youngstown.  Ohio.  Julv  20.  1908. 


AN  ORDINANCE 

GRANTING  TO 

The  Youngstown  &  Sharon  Street 
RaiKvay  Company 

AN    EXTENSION    OF    ITS    FRANCHISES 
WITHIN  THE  CITY  OF  YOUNGSTOWN 

PaSvSEd  in  Council  August  25,  1908 


AN  ORDINANCE, 

Renewing  to  The  Youngstown  &  Sharon  Street  Railway  Com- 
pany, for  the  Term  of  Twenty-five  Years,  its  Grants, 
Rights,  Privileges  and  Franchises  to  Maintain  and  Operate 
its  Tracks  and  Lines  of  Street  Railway  upon  the  Streets, 
Avenues,  Ways  and  Places,  and  Parts  of  Streets,  Avenues, 
Ways  and  Places,  Hereinafter  Mentioned,  in  the  City  of 
Youngstown,  Ohio — Fixing  the  Terms  and  Conditions  of 
Such  Renewal  Grants — Changing  the  Rate  of  Fare — Regu- 
lating Transfers;  and  Terminating  Existing  Grants. 

PREAMBLE. 
Whereas,  The  Youngstown  &  Sharon  Street  Kailway  Com- 
pany is  the  owner  of,  and  now  engaged  in  operating  certain 
lines  of  street  railroad  in  the  City  of  Youngstown,  Ohio,  and 

Whereas,  Under  the  franchises,  which  said  The  Youngs- 
town &  Sharon  Street  Eailway  Company  is  now  operating  its 
lines  within  said  City,  it  is  entitled  to  charge  the  following 
rates  of  fare : 

Single  fare,  five  cents. 
Six  tickets  for  twenty-five  cents. 
Thirteen  tickets  for  fifty  cents. 
Twenty-seven  tickets  for  one  dollar; 
and  said  franchises  expire  on  the  1st  day  of  Jul.y,  1025;  and 

Whereas,  The  Youngstown  &  Sharon  Street  Railway  Com- 
pany has  made  its  certain  written  proposition  to  the  Council 
of  the  City  of  Youngstown.  Ohio,  in  which  it  proposes  that  if 
the  council  of  Youngstown  will  extend  and  renew  its  franchises 
so  that  the  same  will  expire  in  twenty-five  years  from  the  pas- 
sage of  a  proper  ordinance  therefor;  and  Avill  further  grant  it 
the  right  to  make  certain  connections,  and  construct  certain 
additional  tracks  therein  specified ;  and  will  further  modify  the 

49 


50  RAILWAY    AND    LIGHTING   ORDINANCES 

rate  of  fare  which  it  is  at  present  entitled  to  charge  for  the 
carriage  of  passengers,  that  it.  The  Youngstown  &  Sharon 
Street  Raihvay  Company,  in  consideration  thereof,  would  con- 
nect its  lines  in  the  City  of  Youngstown  with  the  lines  of  The 
Mahoning  Valley  Railway  Companj'^  and  The  Youngstown  Park 
&  Falls  Street  Railway  Company  in  such  a  way  as  to  permit 
the  inter-movement  and  inter-routing  of  cars,  and  will  further 
give  to  passengers  taking  passage  on  its  ears  within  the  City 
of  Youngstown,  transfers  entitling  such  passengers  to  ride  over 
any  part  of  the  lines  of  The  Mahoning  Valley  Railway  Com- 
pany, Avithin  the  City  of  Youngstown  and  also  to  a  point  op- 
posite the  plant  of  The  Youngstown  Sheet  &  Tube  Company, 
and  to  a  point  opposite  the  plant  of  The  General  Fireproofing 
Company  without  the  City  of  Youngstown,  and  transfers  en- 
titling such  passengers  to  ride  to  any  point  on  the  lines  of  The 
Youngstown  Park  &  Falls  Street  Railway  Compan.y  within  the 
City  of  Youngstown,  and  also  to  a  point  known  as  "Idora 
Park"  on  the  line  of  The  Youngstown  Park  &  Falls  Street  Rail- 
way Company  without  the  City  of  Youngstown ;  and  would 
further  accept  and  honor  for  transportation  over  its  lines  with- 
in the  City  of  Youngstown,  transfers  issued  by  The  Youngs- 
town Park  &  Falls  Street  Railway  Company  to  passengers  tak- 
ing passage  on  its  cars  at  any  point  within  the  City  of  Youngs- 
town, and  from  Idora  Park  Avithout  the  City  YoungstoAvn ;  and 
would  further  accept  and  honor  transportation  over  any  part 
of  its  line  in  the  City  of  Youngstown,  transfers  issued  hy  The 
]\Iahoning  Valley  Railway  Company  to  passengers  taking  pass- 
age at  any  point  on  its  lines  Avithin  the  City  of  YoungstoAvn 
and  also  from  a  point  opposite  the  plant  of  The  YoungstoA\'n 
Sheet  &  Tube  Company  and  a  point  opposite  the  plant  of  The 
General  Fireproofing  Company  Avithout  the  City  of  Youngs- 
town.   And 


CITY    OF   YOUNGSTOVVN,    OHIO 


Whereas,  The  Council  of  the  City  of  Youngstown  deems 
that  it  would  be  conducive  to  the  best  interests  of  the  City  of 
YoungstoAvn,  and  to  the  citizens  thereof,  to  accept  said  proposi- 
tion. 

Now,  Therefore,  Be  it  ordained  by  the  Council  of  the  City 
of  Youngstown,  State  of  Ohio,  as  follows,  to-wit: 

TERMS  DEFINED. 

Section  1.  That  wherever  in  the  following  ordinance  the 
words  '"The  Youngstown  &  Sharon  Street  Railway  Company," 
"The  Company."  or  "Said  Companj^"  are  used,  they  shall  be 
held  to  mean  and  include  "The  Youngstown  &  Sharon  Street 
Railway  Company,"  its  successors,  lessees  and  assigns;  and 
whenever  in  this  Ordinance  the  words  "The  City,"  or  "Said 
City,"  are  used,  they  shall  l)e  held  to  mean  and  include  "The 
City  of  Youngstown." 

ROUTES. 

Section  2.  The  Youngstown  &  Sharon  Street  Railway 
Company  is  hereby  granted,  upon  the  conditions  hereinafter 
provided,  a  renewal  and  extension  for  the  period  of  twenty-five 
years  from  the  date  of  the  passage  of  this  Ordinance,  of  the 
right  to  nuiintain  and  operate  its  existing  street  railroad  by 
single  or  more  tracks,  as  the  same  now  exists  in  the  City  of 
Youngstown.  witli  all  necessary  curves,  connections,  turn-outs, 
cross-overs.  Y's.  loops,  poles,  trolley-feed  span  and  guy-wires, 
equipment,  and  other  appliances,  appurtenances  and  fixtures 
upon,  along  and  over  the  following  streets,  avenues,  and  parts 
thereof,  and  other  public  ways  and  places  in  the  City  of 
Youngstown. 

1.  Boardman  Street.     From  Market  street  to  Basin  street. 

2.  Basin  Street.  From  Boardman  street  to  and  acro.ss 
East  Federal  street. 


52  RAILWAY    AND    LIGHTING    GUDIXAXCES 

3.  Private  Right  of  Way.  From  East  Federal  street  or 
Basin  street  to  the  southerly  end  of  Andrews  avenue. 

4.  Andrews  Avenue.  From  the  southerly  end  thereof  to 
MeG-uffey  street. 

5.  MeGuffey  Street.  From  Andrews  avenue  to  and  across 
the  ]\IcGuffev  street  viaduct  to  Private  Risrht  of  Wav. 

6.  On  Private  Right  of  AVay.  From  a  point  near  the  end 
of  the  AIcGuffey  street  viaduct  to  a  connection  with  AIcGuffey 
street. 

7.  :McGuffey  Street.  From  Private  Right  of  Way  to  the 
easterly  City  Limits  of  Youngstown. 

MOTIVE  POV/ER  AND  CONSTRUCTION  OF  TRACKS. 
Section  3.  The  motive  power  for  the  operation  of  the 
Company's  Railway  shall  be  electricity,  or  such  other  motive 
power  as  Council  shall,  from  time  to  time  at  the  rciiucst  of  the 
Company.  approA^e.  The  construction  and  equipment  of  the 
Company's  Railway,  including  tracks,  poles,  wires,  cars  and 
all  fixtures,  appurtenances  and  appliances  in  coniKM-tion  there- 
with, shall  be  first-class  in  every  particular,  and  at  all  times 
maintained  in  a  first-class  conditif^i.  The  tracks  hereafter  laid 
in  paved  or  unpaved  streets,  either  as  new  constrnction.  or  as 
renewal  of  existing  construction,  shall  with  respect  to  their 
style  of  construction,  conform  to  the  general  ordinances  of  the 
City  of  Youngstown  which  are  now  in  force  or  may  hereafter 
be  adopted. 

MAINTENANCE  OF  POLES  AND  WIRES. 

Section  4.  The  right  is  hereby  given  to  the  Company  to 
maintain  its  present  lines  of  poles  and  wires,  and  to  erect  and 
maintain  such  other  lines  of  poles  and  wires  as  may  be  neces- 
sary to  connect  its  power  houses  and  its  saitl  street  railway 
system,  and  wherever  any  of  the  routes  hereinbefore  enumer- 


CITY    OF    YOUNGSTOWN,    OHIO  53 


ated,  provide  for,  or  include  private  right  of  way  or  property, 
the  Company  is  granted  the  right  to  maintain  and  operate  its 
tracks  on  and  across  any  and  all  intervening  streets,  and  to 
maintain  all  poles  and  wires  necessary  to  such  purpose. 

CONNECTING  TRACKS. 

Section  5.  Said  Company  is  hereby  granted  upon  the  con- 
ditions herein  provided,  and  for  the  period  provided  in  Section 
2,  herein,  the  right  to  construct,  maintain  and  operate  the  fol- 
lowing connecting  tracks:   . 

(a)  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  a  connection  between  its  tracks  from 
a  point  near  the  westerly  end  of  Boardman  street  with  the 
tracks  of  The  Youngstown  Park  &  Falls  Street  Railway 
Company. 

(b)  The  right,  privilege  and  franchise  to  construct 
additional  switches  to  and  from  its  lines  on  Boardman 
street  opposite  its  present  freight  station  to  and  within 
said  freight  station. 

(c)  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  a  connection  l)etween  its  tracks  on 
Basin  street  with  the  tracks  of  The  Mahoning  Valley  Rail- 
way Company. 

(d)  The  right,  privilege  and  franchise  ti)  construct, 
maintain  and  operate  a  connection  between  its  tracks 
where  the  same  cross  Albert  street  with  the  tracks  of  The 
Mahoning  Valley  Railway  Company  upon  Albert  street. 

POWERS. 

Section  6.  Tlie  Company  may  transport  upon  and  along 
its  lines,  in  suitable  cars,  such  material,  supplies,  appliances 
and  tools  as  it  may  need  in  the  construction,  maintenance  and 
operation  of  its  railroad.    It  may  carry  upon  its  passenger  cars, 


54  RAILWAY    AND   LIGHTING   ORDINANCES 

or  upon  other  cars,  mail  for  the  Government  of  the  United 
States.  It  may  carry  packages  and  make  a  reasonable  charge 
therefor.  It  may  operate  funeral  cars,  observation  cars,  express 
passenger  service,  and  other  special  cars,  but  the  transportation 
of  material,  supplies,  appliances,  tools,  mail  and  packages,  and 
the  operation  of  funeral  ears,  observation  cars,  and  other  spe- 
cial cars,  shall  not  be  permitted  to  interfere  with,  or  delay  the 
carriage  of  passengers. 

PAVEMENT  AND  REPAIR. 

Section  7.  The  Company  shall,  as  to  all  streets,  or  parts 
thereof,  including  bridges,  over  which  its  lines  are  now  or  may 
hereafter  be  constructed,  at  its  own  cost  and  expense,  and  at 
the  same  time,  with  the  same  material,  and  in  the  same  manner 
as  the  balance  of  said  street,  or  part  thereof  is  paved,  pave  and 
when  necessary  repave  the  space  between  its  rails,  the  space 
between  its  tracks,  knoAvn  as  the  "devil  strip."  and  one  foot 
upon  the  outside  of  its  tracks.  The  Company  shall,  however, 
not  be  required  to  pave  or  repave  its  part  of  said  streets  with 
sheet  asphalt,  but  the  City  may  require  it  to  pave,  or  when 
necessary  repave,  its  portion  with  other  material,  jVi-ovided  the 
same  is  not  more  expensive  than  sheet  asphalt.  The  Company 
shall,  as  to  all  paved  or  luipaved  streets,  or  parts  thereof,  in- 
cluding bridges  over  which  its  lines  now  are,  or  may  hereafter 
be  constructed,  keep  in  repair,  free  from  nuisance,  and  sprinkle 
between  its  rails,  the  space  between  its  tracks,  known  as  the 
"devil  strip."  and  one  foot  on  the  outside  of  its  tracks.  In  the 
event  that  the  Company  shall  fail  or  refuse  to  pave,  repave 
when  necessary,  or  repair  said  space  within  thirty  days  after 
receiving  notice  so  to  do  from  the  City,  the  City  Council  may 
make  the  same,  or  cause  the  same  to  be  done,  and  said  City  of 
Youngstown  shall  collect  all  the  cost  and  expense  thereof  from 


CITY    OF    VOUNGSTOWK,    OHIO  55 


said  Company,  and  the  entire  amount  of  such  costs  and  ex- 
pense shall  constitute  a  lien  and  charge  upon  the  property  and 
franchises  of  said  Company  the  same  as  if  levied  and  assessed, 
as  in  the  case  of  other  municipal  improvements. 

EQUIPMENT. 

Section  8.  The  Company  shall,  at  all  times,  during  the 
life  of  this  grant,  furnish,  operate  and  maintain  upon  all  its 
lines  within  the  City  of  Youugstown,  a  sufficient  number  of 
first-class,  commodious  cars  for  the  accommodation  of  its 
patrons.  All  cars  shall  be  of  modern  design,  and  at  all  times 
kept  and  maintained  in  first-class  condition  and  repair;  and, 
after  dark,  all  cars  running  shall  be  lighted  and  provided  with 
suitable  route  designations  ;iii(l  lieadlights.  All  cars  sliall  be 
kept  clean,  well  ventilated  and  comfortably  heated. 

SERVICE  AND  REGULATION. 

Section  9.  The  City  of  Youngstown  shall,  at  all  times, 
during  the  continuance  of  this  grant,  have  the  right  to  i:)re- 
scribe,  and  The  Youngstown  &  Sharon  Street  Railway  Com- 
pany shall  at  all  times  during  the  continuance  of  this  grant, 
comply  with  and  conform  to  such  reasonable  rules  and  regula- 
tions as  are,  or  may  hereafter  be  prescribed  by  the  City,  by 
ordinance  Avith  respect  to, 

(a)  The  number,   schedules,   intervals  between    and 
frequency  of  movement  of  cars. 

(b)  The  rate  of  speed  at  Avhich  cars  shall  he  oper- 
ated. 

(c)  The  equipment  of  cars. 

The  Company  shall,  under  such  regulations,  schedules,  and 
at  such  rates  of  fare  as  the  Council  shall  from  time  to  time  fix, 
and  not  less  than  the  rates  provided  in  Section  1 1  hereof,  oper- 
ate such  night  cars  between  tiie  hours  of  12  o'clock  midnight 


56  RAILWAY    AND   LIGHTING   ORDINANCES 

and  5  o'clock  a.  m.,  as  may  be  reasonabl}'  necessary  to  accom- 
modate the  public.  Passengers  riding  upon  such  night  cars 
shall  not  be  entitled  to  demand  transfers  to  other  lines  unless 
such  transfers  were  received  from  a  day  car.  Passengers  rid- 
ing on  night  cars  shall  be  entitled  to  transfers  to  day  cars. 

CONDUCTORS  AND  MOTERMEN— EXERCISE  OF 

CAUTION. 

Section  10.  The  conductor  in  charge  of  cars,  so  far  as  pos- 
sible, shall  not  allow  any  lady  or  child  to  enter  or  leave  any  car 
while  in  motion,  and  the  conductor  and  motorman  shall  keep  a 
vigilant  watch  for  all  teams,  carriages,  persons,  and  obstruc- 
tions upon  or  near  to  the  track,  and  shall  give  warning  and 
stop  the  car  if  necessary,  to  prevent  accident,  and  the  motor- 
man  shall  always  be  upon  the  front  platform  while  the  car  is  in 
motion. 

RATES  OF  FARE. 

Section  11.  The  Youngstown  &  Sharon  Street  Railway 
Company,  its  successors  and  assigns,  shall  be  entitled  to  charge 
fares,  within  the  present  coi*porate  limits  of  the  City,  during 
the  term  herein  provided,  at  the  following  rates,  and  no  more, 
to- wit : 

For  a  single  cash  fare,  five  cents. 

For  tickets  in  packages  of  six,  twenty-five  cents. 

For  tickets  in  packages  of  twelve,  fifty  cents. 

For  tickets  in  packages  of  twenty-five,  one  dollar. 

The  above  tickets  shall  lie  sold  by  the  Company  upon  all 
ears,  and  tickets  issued  by  The  Mahoning  Valley  Railway  Com- 
pany and  by  The  Park  &  Falls  Street  Railway  Company  shall 
be  accepted  for  transportation  over  the  lines  of  this  Company. 

For  school  children's  tickets  during  the  school  season,  in 
packages  of  thirty-three,  one  dollar. 


CITY    OF   YOUNGSTOWN,    OHIO  57 


The  Company  shall  have  the  right  to  prescribe  and  en- 
force reasonable  regulations  with  regard  to  the  use  and  sale  of 
school  children's  tickets.  Any  child  of  the  age  of  five  years, 
or  under,  accompanied  by  parent  or  guardian,  shall  be  carried 
free. 

TRANSFERS. 

Section  12.  An}-  passenger  demanding  a  transfer  ticket 
at  the  time  of  paying  such  cash  or  ticket  fare  shall  be  entitled, 
without  additional  charge,  to  transfer  from  the  route  on  which 
he  shall  have  paid  such  fare  to  any  other  route  of  the  Company 
within  the  City,  and  such  transfers  shall  entitle  such  passenger 
to  transfer  to  any  point  on  the  lines  of  The  Mahoning  Valley 
Eailway  Company  within  the  City,  or  to  a  point  on  the  line  of 
The  jMahoning  Valley  Railway  Companj^  opposite  The  Youngs- 
town  Sheet  &  Tube  Company  without  the  City,  or  to  a  point  op- 
posite the  plant  of  The  General  Fireproofing  Company  on  the 
line  of  The  Mahoning  Valley  Railway  Company  without  the 
City;  and  also  to  transfer  to  any  point  on  the  line  of  The 
Youngstown  Park  &  Falls  Street  Railway  Company  within  the 
City  of  Youngstown.  and  to  Idora  Park  on  the  line  of  The 
Youngstown  l*ark  &  Falls  Street  Railway  Company,  without 
the  City  of  Youngstown.  Provided,  however,  that  such  passen- 
gers shall  transfer  to  the  car  upon  such  second  route  first  pass- 
ing such  transfer  point  upon  such  second  route  after  the  in- 
tending passenger's  arrival  thereat,  and  at  the  first  point  of 
intersection  of  said  routes,  or  at  such  other  transfer  point 
established  by  the  Company.  If  cars  upon  two  or  more  routes 
are  operated  regularly  along  the  same  street  persons  who  are 
able  to  reach  their  destination  by  one  of  said  routes  without 
transfer  to  another  of  said  routes,  shall  board  a  car  upon  the 
route  reaching  such  destination,  and  shall  not  be  entitled  to  a 
transfer  thereto  from  any  other  route.    The  Company  shall  not 


58  RAILWAY    AND    LIGHTING    ORDINANCES 

be  required,  however,  to  furnish  a  round  trip  ticket  for  a  single 
fare,  or  to  carry  any  passenger  to  an}^  point  upon  its  railway 
to  the  vicinity  of  his  starting  point  for  a  single  fare,  and  the 
Company  may  make  such  reasonable  regulations  not  inconsist- 
ent with  the  provisions  of  this  Ordinance  as  may  be  necessary 
to  prevent  the  misuse  or  abuse  of  transfers.  The  Company  shall 
accept  for  passage  to  any  point  on  its  lines  within  the  City  of 
Youngstown  transfers  issued  to  passengers  taking  passage  at 
any  point  on  the  lines  of  The  Mahoning  Valley  Railway  Com- 
pany within  the  City  of  Youngstown,  or  from  a  point  opposite 
the  plant  of  The  Youngstown  Sheet  &  Tube  Company,  or  a 
point  opposite  the  plant  of  The  General  Fireproofing  Company 
on  the  line  of  The  IMahoning  Valley  Eailway  Company  without 
the  City  of  Youngstown,  and  shall  also  accept  for  transporta- 
tion over  its  lines  within  the  City  of  Youngstown  transfers  is- 
sued by  The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany to  passengers  taking  passage  on  its  line  within  the  City 
of  Youngstown,  or  to  passengers  taking  passage  at  Idora  Park 
on  the  line  of  The  Youngstown  Park  &  Falls  Street  Railway 
Company  without  the  City  of  Youngstown. 

CROSSING  OTHER  LINES. 

Section  13.  The  City  reserves  to  itself  the  right  to  grant 
to  any  other  person  or  persons.  Company  or  Corporation,  oper- 
ating a  street  railway  within  said  City,  the  right  and  privilege 
to  cross  said  Company's  tracks  at  grade  at  any  public  street 
crossing;  also  the  right  to  prescribe  the  terms  and  conditions 
as  to  such  occupation  and  compensation  in  the  event  that  such 
companies  should  fail  to  come  to  such  agreement  by  and  be- 
tween themselves. 

INDEMNITY. 

Section  14.  Said  Company  shall  at  all  times  defend, 
keep  harmless,  and  indemnify,  the  City  of  Youngstown,  from 


CITY    OF   YOUNGSTOWN,    OHIO  59 

all  damages,  claims  and  demands  for  injury  to  persons  or  prop- 
erty, together  with  any  cost  and  expense  to  which  said  City 
may  be  legally  subjected,  or  made  liable  by  any  proceedings  at 
law,  or  in  equity,  arising  from  or  growing  out  of  the  privileges 
granted  in  this  Ordinance  or  out  of  the  exercise  or  operation  of 
the  same  by  the  Company,  provided  that  said  Company  shall 
have  reasonable  notice  of  the  pendency  of  such  action,  and 
shall,  upon  receipt  of  said  notice,  assume  the  defense  and  cost 
of  all  such  actions. 

CAR  LICENSE. 
Section  15.     The  Company  shall  pay  to  the  city  an  annual 
license  fee  of  ten  dollars  for  each  ear  operated  within  said  City. 

REGULATION. 
Section  16.  The  construction  and  operation  of  the  street 
railroads  herein  authorized,  shall  be  subject  to  and  governed 
by  the  general  street  railroad  ordinances  now  in  force,  except 
as  the  same  are  herein  modified,  and  future  ordinances  and 
regulations  of  the  City  not  inconsistent  herewith. 

JOINT  USE  OF  TRACKS. 

Section  17.  The  City  hereby  reserves  the  right  and  poAver 
at  any  time,  during  the  life  of  this  grant,  to  grant  to  any  other 
company  or  forporation  engaged  in  operating  an  tnter-ur})an 
street  railroad  having  a  trackage  of  at  least  eight  miles  outside 
of  the  limits  of  the  City  of  Youngstown,  to  jointly  use  with 
said.  The  Youngstown  &  Sharon  Street  Railway  Company,  any 
track  or  part  thereof  owned  or  operated  by  said  Comjiany 
which  may  be  necessary  to  enable  the  cars  operated  on  such 
inter-urban  railroad  to  pass  l)y  the  most  direct  route  to  and 
from  Central  Square  within  said  City.  If  such  right  to  such 
joint  use  be  granted  by  the  City,  and  if  fair  and  reasonable 
terms,  conditions  and  compensation  for  such  j)int  u.se  cannot 


6o  RAILWAY    AND    LIGHTING    ORDINANCES 

be  agreed  upon  by  said  The  Youngstown  &  Sharon  Street  Rail- 
way Company  and  the  corporation  or  company  applying  for 
such  joint  use  within  sixty  days  after  such  grant  is  made  by 
the  City,  the  terms,  conditions  and  compensation  under  which 
such  joint  use  shall  be  enjoyed,  shall  be  submitted  to  arbitra- 
tion. One  arbitrator  shall  be  chosen  by  The  Youngstown  & 
Sharon  Street  Railway  Company,  one  by  the  corporation  or 
company  applying  for  such  joint  use,  and  the  two  so  chosen 
to  select  a  third  arbitrator.  If  such  arbitrators  shall  fail  to 
agree  upon  a  third  arbitrator  within  sixtj^  days  from  their  ap- 
pointment, then  such  third  arbitrator  shall  be  appointed  by  a 
Judge  of  the  Court  of  Common  Pleas  of  Mahoning  County, 
Ohio.  The  decision  of  said  arbitrators,  in  the  absence  of  fraud, 
accident  or  mistake  of  law  or  fact,  shall  be  conclusive  upon 
both  parties.  Any  grant  or  traffic  arrangement  made  by  said 
The  Youngstown  &  Sharon  Street  Railway  Company  with  any 
other  corporation,  company  or  individual  to  use  its  tracks,  or 
any  part  thereof,  shall  be  subject  to  all  rules  and  regulations 
of  said  City  iu)w  in  force,  or  which  may  hereafter  be  adopted 
by  said  City  concerning  the  rate  of  speed  and  headway  and  the 
operation,  character,  lighting  and  licating  of  all  cars  so  oper- 
ated under  such  grant  or  traffic  arrangement  for  such  joint  use, 
and  for  the  comfort  and  safety  of  passengers  carried  thereon. 

it  being  expressly  understood  and  agreed  that  such  joint 
use  shall  not  be  required  or  permitted  if  such  joint  use  would 
substantially  interfere  w^ith  the  transportation  or  carriage  of 
passengers  by  The  Youngstown  &  Sharon  Street  Railway  Com- 
pany within  the  City  of  Youngstown,  or  substantially  interfere 
with  or  delay  the  performance  by  The  Youngstown  &  Sharon 
Street  Railway  Company  of  its  public  duties  as  a  common  car- 
rier of  passengers  for  hire  within  the  limits  of  the  City  of 
Youngstown,  or  substantially  interfere  with  the  discharge  of 


CITY   OF   YOUNGSTOWN,    OHIO  6 1 


the  obligations  imposed  by  this  Ordinance;  nor  shall  such  other 
inter-urban  railroad  company  have  the  right  to  carry  local  pas- 
sengers over  the  tracks  of  The  Youngstown  &  Kharon  Street 
Railway  Company  within  the  City  of  Youngstown. 

VIADUCTS. 

Section  18.  When  a  separation  of  grades  shall  be  hereafter 
determined  upon,  at  any  i)nblic  street  and  railroad  crossing 
within  the  City  of  Young.stown.  upou  which  crossing  the  tracks 
of  the  Company  are  ncnv.  or  may  hereafter  be  constructed,  the 
City  of  Youngstown  shall  have  the  power.  l)y  ordinance,  to  re- 
quire the  Company  to  bear  a  fair  and  reasonable  proportion  of 
the  cost  assumed  by  the  City  of  Youngstown  in  the  making  of 
said  improvement,  in  connection  with  such  grade  separation, 
not  exceeding,  however,  one-half  of  the  portion  payable  by  said 
City  of  Youngstown.  Said  contribution  so  to  l)e  made  by  the 
Company  to  be  in  full  of  its  j^roportion  to  said  improvement  or 
improvements.  . 

In  the  event  that  the  City's  portion  is  payable  in  deferred 
payments,  then,  and  in  that  event,  the  Company  shall  l)e  en- 
titled to  likewise  defer  the  payment  of  its  proportionate  part, 
as  hereinbefore  provided.  Should  any  other  street  railway 
company  be  thereafter  granted  the  right  to  cross  said  crossing 
with  its  tracks,  after  such  separation  of  grades,  it  shall  be  re- 
quired by  the  City  of  Youngstown  to  repay  to  The  Youngstown 
&  Sharon  Street  Raihvay  Company  one-third  of  its  contribution 
to  said  improvement. 

FUTURE  EXTENSIONS. 
Section  19.  The  Company  shall,  in  the  event  that  the  neces- 
sary consents  and  grants  are  obtained,  from  time  to  time,  con- 
struct, maintain  and  operate,  such  extensions  from  its  present 


62  RAILWAY    AND    LIGHTING    ORDINANCES 

or  future  lines  within  the  City  of  Yonngstown,  as  the  public 
convenience  and  business  of  the  Company  may,  from  time  to 
time,  justify  and  require. 

FORFEITURE. 

Section  20.  In  case  of  any  failure  of  the  Company  to  do 
and  perform  each  and  every  one  of  the  terms  and  conditions 
herein  stipulated  to  be  performed  by  it,  and  such  failure  shall 
continue  for  an  unreasonable  time  after  written  notice  to  The 
Yomigstown  &  Sharon  Street  Railway  Company  from  the 
Council  of  said  City,  of  its  intention  to  exact  a  forfeiture  by 
reason  of  such  failure,  the  Company  shall,  upon  the  passage  of 
an  ordinance  by  two-thirds  vote  of  the  Council,  declaring  such 
forfeiture,  forfeit  all  and  singular  all  the  rights  and  privileges 
herein  granted,  and  thereafter  all  such  rights  and  privileges 
shall  cease  and  determine  and  be  null  and  void. 

The  above  remedy  to  be  in  addition  to  other  remedies  pro- 
vided by  law. 

REPEAL  AND  TEEMINATION  OF  PRESENT  FRANCHISES 

Section  21.  The  acceptance  of  this  Ordinance  by  the  Com- 
pany in  the  manner  herein  provided  shall  be  and  consititute  a 
surrender,  termination  and  cancellation  of  all  the  grants,  and 
franchises  of  every  kind,  character  and  description,  received, 
acquired  or  owned  by  it,  or  its  predecessors,  from  the  City  of 
Youngstown,  Ohio,  to  operate  street  railways  within  the  pres- 
ent limits  of  the  City  of  Youngstown. 

The  provisions  of  any  and  all  ordinances  and  resolutions 
and  parts  of  ordinances  and  resolutions,  heretofore  passed  and 
adopted  by  the  City  Council  of  said  City,  which  are  inconsist- 
ent Avith  the  terms  of  this  Ordinance  are  hereby  repealed  and 
recinded. 


CITY   OF   YOUNGSTOWN,    OHIO  63 

ACCEPTANCE. 

Section  22.  The  Youngstown  &  Sharon  Street  Railway 
Company,  for  itself,  its  successors,  lessees  and  assigns,  shall, 
within  thirty  days  from  the  passage  of  this  Ordinance,  file  with 
the  City  Clerk  its  written  acceptance  of  the  terms,  conditions, 
covenants  and  provisions  hereof,  and  its  agreement  to  be  bound 
by  the  terms,  conditions,  covenants  and  provisions  hereof; 
which  said  acceptance  shall  be  in  the  following  form; 

"To  the  Honorable,  the  City  Council  of  the  City  of  Youngs- 
town, Ohio: 

Gentlemen:  The  undersigned.  The  Youngstown  &  Sharon 
Street  Railway  Company,  for  itself,  its  successors,  lessees  and 
assigns,  hereby  accepts  the  terms,  conditions,  covenants  and 
provisions  of  an  Ordinance,  entitled,  'An  Ordinance  Renewing 
to  The  Youngstown  &  Sharon  Street  Railway  Company  for  the 
Term  of  Twenty-five  Years,  its  Grants,  Rights,  Privileges  and 
Franchises  to  Maintain  and  Operate  its  Tracks  and  Lines  of 
Street  Railway  upon  the  Streets,  Avenues,  Waj^s  and  Places 
and  Parts  of  Streets,  Avenues,  Ways  and  Places  Hereinafter 
Mentioned,  in  the  City  of  Youngstown,  Ohio,  Fixing  the  Terms 
and  Conditions  of  such  Renewal  Grants — Changing  the  Rate  of 
Fare — Regulating  Transfers,  and  Terminating  Existing  Grants,' 

and  passed  in  Council  on  the day  of 

,  1908 ;  and  said  The  Youngs- 
town &  Sharon  Street  Railway  Company,  for  itself,  its  suc- 
cessors, lessees  and  assigns,  hereby  agrees  to  be  bound  by  the 
terms,  conditions,  covenants  and  provisions,  and  each  of  them, 
in  said  Ordinance  contained. 


64  RAILWAY    AND   LIGHTING    ORDINANCES 


THE  YOUNGSTOWN  &  SHAJJON  STREET  RAILWAY 

COMPANY, 

(Seal)  By 

Vice  President. 
Attest : 

Secretary. 

Dated  at  Youngstown,  Ohio,  the day  of 

,  1908." 

TIME  OF  TAKING  EFFECT. 

Section  23.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  legal  publication,  and  the 
acceptance  hereof  by  the  Company,  in  writing,  as  hereinbefore 
provided ;  provided  that  the  provisions  as  to  the  issuance  and 
acceptance  of  transfers  and  sale  of  tickets  shall  not  take  effect 
imtil  thirty  days  from  the  date  of  the  passage  and  publication 
hereof. 

Passed  in  Council  this  twenty-fifth  day  of  August,  A.  D. 
1908. 

M.  C.  IITGGINS. 
President  of  Council. 

Attest:— M.  F.  Hyland,  Clerk. 

Approved  this  third  daj^  of  September,  A.  D.  1908. 

A.  W.  CRAVER. 

Mavor. 


ACCEPTANCE 


OF 


The  Youngstown  &  Sharon  Street 
Raihvay  Company 


OF 


AN  ORDINANCE   RENEWING   AND  EXTEND- 
ING ITS  FRANCHISES  WITHIN  THE 
CITY  OF  YOUNGSTOWN 


"To  the  Honorable,  the  City  Council  of  the  City  of  Youngs- 
town,  Ohio: 

Gentlemen:  The  undersigned,  The  Youngstown  &  Sharon 
Street  Railway  Company,  for  itself,  its  successors,  lessees  and 
assigns,  hereby  accepts  the  terms,  conditions,  covenants  and 
provisions  of  an  Ordinance,  entitled,  "An  Ordinance  Renewing 
to  The  Youngstown  &  Sharon  Street  Railway  Company  for  the 
Term  of  Twenty-five  Years,  its  Grants,  Rights,  Privileges  and 
Franchises  to  Maintain  and  Operate  its  Tracks  and  Lines  of 
Street  Railway  upon  the  Streets,  Avenues,  Ways  and  Places 
and  Parts  of  Streets,  Avenues,  Ways  and  Places  Hereinafter 
Mentioned,  in  the  City  of  Youngstown,  Ohio,  Fixing  the  Terms 
and  Conditions  of  Such  Renewal  Grants — Changing  the  Rate 
of  Fare — Regulating  Transfers  and  Terminating  Existing 
Grants,"  and  passed  in  Council  on  the  25th  day  of  August, 
1908;  and  said  The  Youngstown  &  Sharon  Street  Railway  Com- 
pany, for  itself,  its  successors,  lessees  and  assigns,  hereby  agrees 
to  be  bound  l)y  the  terms,  conditions,  covenants  and  provisions, 
and  each  of  them,  in  said  Ordinance  contained. 

THE  YOUNGSTOWN  &  SHARON  STREET  RAILWAY 

COMPANY, 

(Seal)  By  R.  Montgomery, 

Vice  President. 

Attest: — S.  C.  Rogers,  Secretar3\ 

Dated  at  Youngstown,  Ohio,  the  23rd  day  of  September, 
1908. 


APPLICATION 


OF 


The  Youngstown  Park  &  Falls 
Street  Railway  Company 


FOR 


RENEWAL'  AND  EXTENSION  OF 
FRANCHISES 


Yoiingstown.  Ohio,  July  20,  1908. 
"To  the  Honorable,  the  Council  of  the  City  of  Youngstown, 

Ohio : 

Gentlemen:  The  undersigned.  The  Yomigstown  Park  & 
Falls  Street  Railway  Company,  hereby  requests  youi-  Honor- 
able body  to  grant  to  it,  its  successors,  lessees  and  assigns,  for 
the  period  of  twenty-five  years,  extensions  and  renewals  of  the 
rights  and  privileges  granted  to  it  by  various  ordinances  here- 
tofore enacted  by  the  City  of  Youngstown.  Ohio,  on,  along  and 
over  the  following  streets,  alleys,  avenues,  roads,  ways,  places 
and  parts  thereof  within  said  City : 

1.  Hillman  Street. 

From  the  intersection  of  the  City  Limits  of  the  City  of 
Youngstown  thercAvith  to  AVarren  Avenue. 

2.  Warren  Avenue. 

From  Hillman  Street  to  Market  Street. 

3.  Market  Street. 

From  Warren  Avenue  to  Central  Square,  including  the 
]\[arket  Street  Viaduct,  so-called,  and  the  Central  Scpiare  loop, 
so-called. 

Together  with  the  right  to  maintain  and  operate  on,  along 
and  over  said  streets,  alleys,  avenues,  roads,  ways  and  places 
and  parts  thereof,  its  existing  street  railroad,  by  single  or  more 
tracks  as  the  same  now  exists  in  the  City  of  Youngstown,  with 
all  necessary  curves,  connections,  tui-n-outs,  cross-overs,  Y's, 
loops,  poles,  trolley-feed  span  and  guy-wires,  and  such  other 
equipment,  appurtenances,  appliances  and  fixtures  as  may  be 
necessary  for  the  proper  construction,  operation  or  mainten- 
ance thereof. 

Said,  The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany, further  requests  your  Honorable  body,  to  grant  to  it,  its 

71 


^2  RAILWAY    AND    LIGHTING   ORDINANCES 

successors,  lessees  and  assigns,  the  following  rights  and  privi- 
leges : 

First.  The  right  and  franchise  to  construct,  maintain  and 
operate  a  connection  between  its  tracks  on  Market  Street  near 
the  street  formerly  known  as  ''Bresett  Street"  with  the  tracks 
of  The  Mahoning  Valley  Railway  Company. 

Second.  A  connection  between  its  tracks  on  Market  Street 
near  Boardman  Street  with  the  tracks  of  The  Youngstown  & 
Sharon  Street  Railway  Company. 

Third.  A  connection  between  its  tracks  on  Market  Street 
near  Front  Street  with  the  tracks  of  The  Youngstown  &  South- 
ern Street  Railway  Company! 

Fourth.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  an  additional  track,  on,  along  and  over 
Market  Street  from  the  intersection  of  Warren  Avenue  there- 
with, and  thence  to  the  end  of  the  present  double  track  near 
Central  Square  and  including  also  the  Market  Street  Viaduct, 
so-called ;  said  rights,  privileges  and  franchises  to  be  granted  to 
the  said  Company  upon  the  presentation  and  filing  by  it  of  the 
necessary  consents  of  the  owners  of  property  abutting  on  said 
street. 

Fifth.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  an  extension  of  its  present  line  on  ]Mar- 
ket  Street  where  the  same  is  intersected  by  West  Woodland 
Avenue;  thence  on.  along  and  over  West  Woodland  Avenue  to 
Hillman  Street;  thence  on.  along  and  over  Hillman  Street  to 
Warren  Avenue  to  a  connection  with  its  present  lines  on  War- 
ren Avenue,  said  rights,  privileges  and  franchises  to  be  granted 
upon  the  presentation  and  filing  ])y  it  of  the  necessary  consents 
of  the  owners  of  property  abutting  on  said  streets. 

Sixth.  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  an  extension  of  its  present  line  on  Market 


CITY   OF    YOUNGSTOWN,    OHIO  73 

Street,  from  a  point  where  East  Woodland  Avenue  intersects 
said  street;  thence  on,  along  and  over  East  Woodland  Avenue 
to  South  Avenue;  thence  on,  along  and  over  South  Avenue  to  a 
point  opposite  Warren  Avenue;  and  thence  over  private  right 
of  way  to  Warren  Avenue ;  said  rights,  privileges  and  fran- 
chises to  be  granted  upon  tlie  presentation  and  filing  by  it  of 
the  necessary  consents  of  the  owners  of  property  abutting  on 
said  streets. 

Said,  The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany further  requests  your  Honorable  body  to  terminate  the 
present  franchises  now  existing  between  the  City  of  Youngs- 
town and  said  Company  and  under  which  it  is  now  operating 
its  lines  within  said  City,  and  to  modify  the  rates  of  fare  which 
this  Company  is  now  permitted  to  charge  on  its  lines  under  said 
franchises. 

As  a  consideration  of  the  renewals  and  extensions  of  the 
franchises  and  ordinances  above  enumerated  and  of  the  right 
to  construct  additional  tracks,  extensions  and  connections  as 
above  enumerated,  and  of  the  right  to  modify  its  rates  of  fare 
above  enumerated.  The  Youngstown  Park  &  Falls  Street  Rail- 
way Company,  for  itself,  its  siu'cessors.  lessees  and  assigns 
agrees  that  it  will. 

First.  Upon  the  necessary  consents  being  obtained,  con- 
struct, maintain  and  operate  an  additional  track,  upon,  along 
and  over  IMarket  Street,  from  the  intersection  of  Warren  Ave- 
nue therewith  to  the  end  of  the  present  double  track  near  Cen- 
tral Square  and  including  the  IMarket  Street  Viaduct,  so-called. 

Second.  That  it  will  carry  passengers  within  the  limits  of 
the  City  of  Youngstown,  as  they  at  present  exist,  niid  also  to 
Idora  Park  without  the  limits  of  the  City  of  Youngstown,  and 
to  points  intervening  between  the  limits  of  the  City  of  Youngs- 
town and  Idora  Park,  at  the  following  rates  of  fare : 


74  RAILWAY    AND    LIGHTING    ORDINANCES 

Single  fare,  five  cents. 

Six  tickets  for  twenty-five  cents. 

Twelve  tickets  for  fifty  cents. 

Twenty-five  tickets  for  one  dollar. 

School  children's  tickets  during  the  time  that  school  is  in 
session  to  be  sold  to  children  entitled  thereto,  thirty-three  tick- 
ets for  one  dollar.  Children  under  the  age  of  five  years  ac- 
companied by  parent  or  guardian  to  be  carried  free.  It  l)eing 
understood  and  agreed  that  the  above  tickets  are  not  to  be  sold 
upon  cars,  but  are  to  be  sold  at  ticket  offices  located  at  Central 
Square  in  the  City  of  Yaungstown,  at  the  offices  of  the  Com- 
pany, and  at  convenient  places  to  be  located  within  the  City  of 
Youngstown. 

Third.     That  it  will  give  transfers. 

(a)  Over  all  its  lines  in  the  City  of  Youngstown,  and 
to  Idora  Park  without  the  City  of  Youngstown,  and  to  all 
points  intervening  l)etween  the  limits  of  the  City  of 
Youngstown  and  Idora  Park. 

(b)  Over  the  lines  of  The  ]\Iah{)nii]g  Valley  Ivailway 
Company  to  any  point  v\'ithin  the  City  of  Young-stown.  and 
also  to  a  point  opposite  the  plant  of  The  Youngstown  Sheet 
&  Tube  Company  without  the  City  of  Youngstown.  and  to 
a  point  opposite  the  plant  of  The  General  Fireproofing 
Company  without  the  City  of  Youngstown,  Ohio. 

(c)  To  any  point  on  the  lines  of  The  YoungstoAvn  & 
Sharon  Street  Raihvay  witliin  the  City  of  Youngstown. 
Fourth.     That  it  will  accept  for  transportation   over  any 

part  of  its  lines  within  tln^  City  of  YoungstoAvn  and  the  terri- 
tory intervening  between  said  Park  and  the  City  Limits  of 
Youngstown,  transfers  issued  by. 

(a)     The  ^lahoning  Valley  Railway  Company  to  passen- 
gers taking  passage  at   any  imint  on   its  lines  within  the 


CITY   OK    VOUNGSTOVVN,   OHIO  75 

City  of  Youngstown  and  from  a  point  opposite  the  plant  of 
The  General  Fireproofing  Company  without  the  City  of 
Youngstown. 

(b)  The  Youngstown  &  Sharon  Street  Railway  Com- 
pany, to  passengers  taking  passage  at  any  point  on  its  lines 
within  the  City  of  Youngstown. 

It  being  understood  that  the  present  rates  of  fare  shall  be 
changed  and  the  transfers  above  enumerated,  given  and  hon- 
ored only  in  the  event  that  the  Council  of  said  City  shall  grant 
the  rights.  priA'ileges  and  franchises  herein  requested,  and  shall 
further  grant  to  The  ^Mahoning  Valley  Railway  Company,  the 
rights,  privileges  and  franchises  by  it  requested  in  its  applica- 
tion til  is  (lay  filed,  and  to  The  Youngstown  &  Sharon  Street 
Railway  Company,  the  rights,  privileges  and  franchises  re- 
quested by  it,  in  its  application  this  day  filed. 

Respectfully  submitted, 

THE  YOUNGSTOWN  PARK  &  FALLS  STREET  RAILWAY  ' 

CO]\IPANY, 

By    M.  E.  McCaskey, 

President. 


AN  ORDINANCE 


GRANTING  TO 


The  Younirstown  Park  &  Falls 
Street  Railway  Company 

AN    EXTENSION    OF    ITS    FRANCHISES 
WITHIN  THE  CITY  OF  YOUNGSTOWN 

PaSvSRd  in  Council  August  25TH,  1908 


AN  ORDINANCE, 

Renewing"  to  The  Youngstown  Park  &  Falls  Street  Railway- 
Company,  for  the  Term  of  Twenty-five  Years,  its  Grants, 
•  Rights,  Privileges  and  Franchises  to  Maintain  and  Operate 
its  Tracks  and  Lines  of  Street  Railway  upon  the  Streets, 
Avenues,  Ways  and  Places,  and  Parts  of  Streets,  Avenues, 
Ways  and  Places,  Hereinafter  Mentioned,  in  the  City  of 
Youngstown,  Ohio — Fixing  the  Terms  and  Conditions  of 
Such  Renewal  Grants — Changing  the  Rate  of  Fare — Pro- 
viding for  and  Regulating  Transfers ;  and  Terminating  Ex- 
isting Grants. 

PREAMBLE. 
Whereas,  The  .Youngstown  I*ark  &  Falls  Street  Railway 
Company  is  the  owner  of,  and  now  engaged  in  operating  cer- 
tain lines  of  street  railroad  in  the  City  of  Youngstown,  Ohio, 
being  the  lines  heretofore  owned  and  operated  by  it;  and 

Whereas,  The  rights,  i)rivileges  and  franchises  now  held 
by  the  said  The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany on  the  streets,  avenues,  ways,  and  parts  thereof,  herein- 
after mentioned,  expire  on  the  third  day  of  June,  1920;  and 

Whereas,  The  present  franchises  under  which  said  Com- 
pany is  now  operating  i)rovide  for  the  following  rates  of  fare: 
Single  cash  fare,  five  cents. 

Commutation  tickets  in  packages  of, six,  twenty-five  cents. 
Thirteen  for  fifty  cents,  anil 
Twenty-seven  for  one  dollar. 

Packages  of  fifteen  for  fifty  cents  to  be  sold  to  school  child- 
ren over  five  years  and  under  fifteen  years  of  age,  hut  said 
franchises  do  not  provide  that  said  The  Youngstown  Park  & 
Falls  Street  Railway  Company  shall  issue  to  passengers  taking 

79 


8o  RAILWAY    AND    LIGHTING    ORDINANCES 


passage  upon  its  lines,  transfers  entitling  such  passengers  to 
passage  over  other  lines  within  the  City  of  Youngstown  ;  nor  do 
such  franchises  require  said  The  Youngstown  Park  &  Palls 
Street  Railway  Company  to  accept  for  passage  over  its  lines 
transfers  issued  by  other  lines  of  street  railway  within  the  City 
of  Youngstown ;  and 

Whereas,  Said  The  Youngstown  Park  &  Falls  Street  Rail- 
way Company  has  presented  its  certain  written  application  to 
Council  in  which  it  proposes,  in  consideration  of  the  extension 
and  renewal  for  a  period  of  tAventy-five  years  of  its  existing 
grants  and  the  granting  to  it  of  certain  other  rights  and  privi- 
leges, and  the  modification  l)y  the  City  of  Youngstown  of  the 
present  rates  of  fare,  which  it  is  entitled  under  its  present  fran- 
chises to  charge,  that  it.  The  Youngstown  Park  &  Falls  Street 
Railwa^y  Company,  will,  upon  the  necessary  consents  being  ob- 
tained, construct  additional  trackage  and  extensions,  which  are 
necessary  for  bettering  the  service  upon  its  lines,  will  connect 
its  lines  with  other  street  railway  companies,  within  said  City, 
so  as  to  permit  the  inter-movement  of  cars  between  its  lines, 
and  the  lines  of  other  companies;  will  issue  to  passengers  upon 
its  lines  transfers  entitling  such  passengers  to  passage  over  the 
lines  of  The  Mahoning  Valley  Railway  Comi)any  within  the 
City  of  Youngstown,  and  to  certain  points  without  tiu^  City  of 
Youngstown,  and  will  likewise  issue  to  its  passengers  transfers 
entitling  such  passengers  to  passage  over  the  lines  of  the 
Youngstown  &  Sharon  Street  Railway  Company  Avithin  the 
City  of  Youngstown,  and  will  further  accept  for  passage  over 
its  lines,  transfers  issued  by  The  ^Mahoning  Valley  Railway 
Company  within  the  City  of  Youngstown,  and  also  certain 
points  without  the  City  of  YoungstoAvn,  and  also  transfers 
issued  by  The  Youngstown  &  Sharon  Street  Railway  Company 
within  the  City  of  Youngstown ;  and 


CITY   OF   YOUNGSTOWN;,    OHIO  8l 

Whereas,  The  Council  of  the  City  deems  it  for  the  best  in- 
terests of  the  City  of  Youngstown,  and  the  citizens  thereof,  and 
conducive  to  the  public  interest  that  said  proposition  be  ac- 
cepted ;  the  extensions,  renewals  and  rights  which  The  Youngs- 
town Park  &  Falls  Street  Railway  Company  desire,  granted; 
the  rates  of  fare  modified ;  and  the  right  of  transfer  to  and 
from  the  lines  of  The  Youngstown  Park  &  Falls  Street  Railway 
Company  secured. 

Now,  Therefore,  Be  it  ordained  by  the  Council  of  the  City 
of  Youngstown,  Ohio,  as  follows,  to-wit : 

TERMS  DEFINED. 

Section  1.  That  wherever  in  the  following  Ordinance  the 
words,  "The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany," "The  Company,"  or  "Said  Company,"  are  used,  they 
shall  be  held  to  mean  and  include  The  Youngstown  Park  & 
Falls  Street  Railway  Company,  its  successors,  lessees  and  as- 
signs; and  vi^herever  in  this  Ordinance  the  words  "The  City" 
or  "Said  City"  are  used,  they  shall  be  held  to  mean  and  in- 
clude The  City  of  Youngstown. 

ROUTES. 

Section  2.  The  Youngstown  Park  &  Falls  Street  Railway 
Company  is  hereby  granted,  upon  the  conditions  hereinafter 
provided,  a  renewal  for  twenty-five  (25)  years  from  the  date  of 
the  passage  of  this  Ordinance,  of  the  right  to  maintain  and 
operate  its  existing  street  railroad  by  single  or  more  tracks,  as 
the  same  now  exists  in  the  City  of  Youngstown,  with  all  neces- 
sary curves,  connections,  turn-outs,  cross-overs,  Y's  loops,  poles, 
trolley  feed-span  and  guy  wires,  equipment,  and  other  ap- 
purtenances, appliances,  and  fixtures  upon,  along,  and  over  the 
following  streets,  avenues,  and  parts  thereof,  and  other  public 
ways  and  places  in  the  City  of  Youngstown : 


82  RAILWAY    AND    LIGHTING    ORDINANCES 

1.  Grace  Avenue.     From  City  Limits  to  Hillman  street. 

2.  Hillman  Street.  From  Grace  avenue  to  Warren  ave- 
nue. 

3.  Warren  Avenue.  From  Hillman  street  to  Market 
street. 

4.  ^Market  Street.  From  AVarren  avenue  to  Central 
Square,  including  the  Market  Street  Viaduct,  so-called,  and  the 
Central  Square  loop,  so-called. 

MOTIVE  POWER  AND  CONSTRUCTION  OF  TRACKS. 

Section  3.  The  motive  power  for  the  operation  of  the 
Company's  Railway  shall  be  electricity,  or  such  other  motive 
power  as  Council  shall,  from  time  to  time  at  the  request  of  the 
Company,  approve.  The  construction  and  equipment  of  the 
Company's  Railway,  including  tracks,  poles,  wires,  cars  and  all 
fixtures,  appurtenances  and  appliances  in  connection  therewith, 
shall  be  first-class  in  every  particular,  and  at  all  times  main- 
tained in  a  first-class  condition.  The  tracks  hereafter  laid  in 
paved  or  unpaved  streets,  either  as  new  construction,  or  as  re- 
newal of  existing  construction,  shall  with  respect  to  their  style 
of  construction,  conform  to  the  general  ordinances  of  the  City 
of  Youngstown  which  are  now  in  force  or  may  hereafter  be 
adopted. 

MAINTENANCE  OF  POLES  AND  WIRES. 

Section  4.  The  right,  is  hereby  given  to  the  Company  to 
maintain  its  present  lines  of  poles  and  wires,  and  to  erect  and 
maintain  such  other  lines  of  poles  and  wires  as  may  be  neces- 
sary to  connect  its  power  houses  and  its  said  street  railway 
system,  and  wherever  any  of  the  routes  hereinbefore  enum- 
erated, provide  for,  or  include  private  right  of  way  or  property, 
the  Company  is  granted  the  right  to  maintain  and  operate  its 
tracks  on  and  across  any  and  all  intervening  streets,  and  to 
maintain  all  poles  and  wires  necessary  to  such  purpose. 


CITY    OF   YOUNGSTOWN,    OHIO  83 


ADDITIONAL  TRACKAGE  AND  EXTENSION  OF  LINES 

Section  5.  The  City  agrees  that  it  will,  upon  the  presenta- 
tion iuid  filing  of  the  necessary  consents  of  abutting  property 
owners,  grant  to  the  Company  the  right  to  construct,  maintain 
and  operate  the  following  additional  tracks  and  extensions  to 
lines : 

(a)  The  right,  privilege  and  franchise  to  construct, 
maintain  and  operate  an  additional  track  on,  along  and 
over  Market  street  from  the  intersection  of  Warren  ave- 
nue therewith;  thence  to  the  end  of  the  present  double 
track  near  Central  Square  and  including  also  the  Market 
Street  Viaduct,  so-called. 

(b)  The  right,  privilege,  and  franchise  to  construct, 
maintain,  and  operate  an  extension  of  its  present  line  on 
]\rarket  Street  where  the  same  is  intersected  by  West 
Woodland  avenue;  thence  on,  along  and  over  West  AVood- 
land  avenue  to  Hillman  street;  thence  on,  along  and  over 
Hillman  street  to  Wari'en  avenue,  to  a  connection  with  its 
present  line  on  Warren  avenue. 

(c)  The  right,  privilege,  and  franchise  to  construct, 
maintain,  and  operate  an  extension  of  its  present  line  on 
Market  street  from  a  point  where  East  Woodland  avenue 
intersects  said  street;  thence  on,  along  and  over  East 
Woodland  avenue  to  South  avenue;  thence  on,  along  and 
over  South  avenue  to  a  point  opposite  Warren  avenue ;  and 
thence  over  private  right  of  way  to  Warren  avenue. 

The  Company  shall,  as  soon  as  possible  after  the  passage 
of  this  Ordinance,  obtain  the  necessary  consents  to  construct, 
maintain  and  operate  the  additional  trackage  and  extensions, 
provided  for  in  sub-divisions  a,  b  and  c  of  this  Section.  Upon 
such  consents  being  obtained,  it  shall  present  the  same  to  Coun- 
cil, with  an  application  for  the  necessary  franchise,  and  upon 


84  RAILWAY    AM)    LTC.HTING    ORDINANCES 

such  franchises  being  granted,  shall,  Avithin  a  reasonable  time, 
proceed  to  construct  and  put  in  operation  said  extensions  or 
either  of  them. 

CONNECTING  TRACKS. 

Section  6.  Said  Company  is  hereby  granted  \^^(m  the  con- 
ditions herein  provided,  and  for  the  period  provided  in  Section 
2.  herein,  the  right  to  construct,  maintain  and  operate  the  fol- 
lowing connecting  tracks : 

(a)  The  right,  privilege,  and  franchise  to  construct, 
maintain,  and  operate  a  connection  between  its  tracks  on 
Market  street  near  the  street  formerly  known  as  Bresett 
street  with  the  tracks  of  The  Mahoning  Valley  Railway 
Company. 

(b)  The  right,  privilege,  and  franchise  to  construct, 
maintain,  and  operate  a  connection  between  its  tracks  on 
Market  street  near  Boardman  with  the  tracks  of  The 
Youngstown  &  Sharon  Street  Railway  Company. 

POWERS. 

Section  7.  The  Company  may  transport  upon  ;nul  along 
its  lines,  in  suitable  cars,  such  material,  supplies,  appliances 
and  tools  as  it  may  need  in  the  construction,  maintenance 
and  operation  of  its  railroad.  It  may  carry  upon  its  i)assenger 
cars,  or  upon  other  cars,  mail  for  the  Government  of  the  United 
States.  It  may  carry  packages,  and  make  a  reasonable  charge 
therefor.  It  may  operate  funeral  cars,  observation  cars,  ex- 
press passenger  service,  and  other  special  cars,  but  the  trans- 
portation of  material,  supplies,  appliances,  tools,  mail  and  pack- 
ages, and  the  operation  of  funeral  cars,  observation  cars,  and 
other  special  cars,  shall  not  be  permitted  to  interfere  with,  or 
delay  the  carriage  of  passengers. 


CITY    OF   YOUNGSTOWN,    OHIO  85 

PAVEMENT  AND  REPAIR. 

Section  8.  The  Company  shall,  as  to  all  streets,  or  parts 
thereof,  including  bridges,  over  which  its  lines  are  now  or  may 
hereafter  be  constructed,  at  its  own  cost  and  expense,  and  at 
the  same  time.  Avith  the  same  material,  and  in  the  same  manner 
as  the  balance  of  said  street,  or  part  thereof  is  paved,  pave  and 
when  necessary  repave  the  space  between  its  rails,  the  space 
between  its  tracks,  known  as  the  "devil  strip,"  and  one  foot 
upon  the  outside  of  its  tracks.  The  Company  shall,  however, 
not  be  required  to  pave  or  repave  its  part  of  said  streets  with 
sheet  asphalt,  but  the  City  may  require  it  to  pave,  or  when 
necessary  repave  its  portion  with  other  material,  provided  the 
same  is  not  more  expensive  than  sheet  asphalt.  The  Company 
shall,  as  to  all  paved  or  unpaved  streets,  or  parts  thereof,  in- 
cluding bridges  over  which  its  lines  now  are,  or  may  hereafter 
be  constructed,  keep  in  repair,  free  from  nuisance,  and  sprinkle 
between  its  rails,  the  space  between  its  tracks,  known  as  the 
"devil  strip."  and  one  foot  on  the  outside  of  its  tracks.  In  the 
event  that  the  Company  shall  fail  or  refuse  to  pave,  repave 
when  necessary,  or  repair  said  space  within  thirty  days  after 
receiving  notice  so  to  do  from  the  City,  the  City  Council  may 
make  the  same,  or  cause  the  same  to  be  done,  and  said  City  of 
Youngstown  shall  collect  all  the  cost  and  expense  thereof  from 
said  Company,  and  the  entire  amount  of  such  costs  and  expense 
shall  constitute  a  lien  and  charge  upon  the  property  and  fran- 
chises of  .said  Company,  the  same  as  if  levied  and  assessed,  as  in 
the  case  of  other  municipal  improvements. 

EQUIPMENT. 
Section  9.     The  Company  shall,  at  all  times,  during  the 
life  of  this  grant,  furnish,  operate  and  maintain  upon  all  its 
lines  within  the  City  of  Youngsto-vm,  a  .sufficient  number  of 


86  RAILWAY   AND    LIGHTING   ORDINANCES 

first-class,  commodious  cars  for  the  accommodation  of  its 
patrons.  All  cars  shall  be  of  modern  design,  and  at  all  times 
kept  and  maintained  in  first-class  condition  and  repair;  and, 
after  dark,  all  cars  running  shall  be  lighted  and  provided  with 
suitable  route  designations  and  headlights.  All  ears  shall  be 
kept  clean,  well  ventilated  and  comfortably  heated. 

SERVICE  AND  REGULATION. 

Section  10.  The  City  of  Youngstown  shall,  at  all  times, 
during  the  continuance  of  this  grant,  have  the  right  to  pre- 
scribe, and  The  Youngsto^vn  Park  &  Falls  Street  Railway  Com- 
pany shall  at  all  times  during  the  continuance  of  this  grant, 
comply  with  and  conform  to  such  reasonable  rules  and  regula- 
tions as  are,  or  may  hereafter  be  prescribed  by  the  City,  by 
ordinance  with  respect  to. 

(a)  The  number,  schedules,   intervals  between   and 
frequency  of  movement  of  cars. 

(b)  The  rate  of  speed  at  Avhich  cars  shall  be  oper- 
ated. 

(c)  The  equipment  of  ears. 

The  Company  shall,  under  such  regulations,  schedules,  and 
at  such  rates  of  fare  as  the  Council  shall  from  time  to  time  fix. 
and  not  less  than  the  rates  provided  in  Section  12  hereof,  oper- 
ate such  night  cars  between  the  hours  of  12  o'clock  midnight 
and  5  o'clock  a.  m..  as  may  l)e  reasonably  necessary  to  accom- 
modate the  public.  Passengers  riding  upon  such  night  cars 
shall  not  be  entitled  to  demand  transfers  to  other  lines  unless 
such  transfers  were  received  from  a  day  car.  Passengers  riding 
on~ night  cars  shall  be  entitled  to  transfers  to  day  cars. 

The  Youngstown  Park  &  Falls  Street  Railway  Company 
shall,  for  the  period  of  three  (3)  years  from  and  after  the  pas- 


CITY    OF   YOUNGSTOWN,   OHIO  87 

sage  of  this  ordinance  maintain  not  less  than  the   following 
schedules  of  cars  on  its  lines  within  the  City  of  Youngstown : 

Cars  to  be  operated  on  the  line  of  The  Youngstown  Park 
&  Falls  Street  Railway  Company  at  not  less  than  10  minute 
intervals  throughout  the  entire  year.  Between  the  liours  of  4 
and  n  p.  m.,  ears  shall  be  operated  at  not  less  tlian  (5  minute  in- 
tervals as  far  as  Warren  Avenue. 

The  above  schedules  to  be  maintained  for  the  period  above 
named,  except  in  the  event  of  continuous  business  depression, 
resulting  in  substantial  losses. 

CONDUCTORS  AND  MOTORMEN— EXERCISE  OF  CAU- 
TION. 

Section  11.  The  conductor  in  charge  of  cars,  so  far  as  pos- 
sible, shall  not  allow  any  lady  or  child  to  enter  or  leave  any  car 
while  in  motion,  and  the  conductor  and  motorman  shall  keep  a 
vigilant  watch  for  all  teams,  carriages,  persons,  and  obstruc- 
tions upon  or  near  to  the  track,  and  shall  give  warning  and  stop 
the  car  if  necessary,  to  prevent  accident,  and  the  motorman 
shall  always  be  upon  the  front  platform  while  the  car  is  in  mo- 
tion. 

RATES  OF  FARE. 

Section  12.  The  Youngstown  Park  &  Falls  Street  Railway 
Company  shall  be  entitled  to  charge  fares  upon  its  lines  during 
the  term  herein  provided  at  the  following  rates,  and  no  more: 

For  a  single  cash  fare,  five  cents. 

For  tickets  in  packages  of  six,  twenty-five  cents. 

For  tickets  in  packages  of  twelve,  fifty  cents. 

For  tickets  in  packages  of  twenty-five,  one  dollar. 

The  above  tickets  shall  be  sold  by  the  Company  upon  all 
cars,  and  the  Company  shall  accept  for  transportation  over  its 


88  RAILWAY    AND    LIGHTING    ORDINANCES 

lines  tickets  issued  by  The  Youngstown  &  Sharon  Street  Rail- 
way Company  and  The  Mahoning  Valley  Railway  Company 

For  school  children's  tickets  during  the  school  season,  in 
packages  of  thirty-three,  one  dollar. 

The  Company  shall  have  the  right  to  prescribe  and  enforce 
reasonable  regulations  with  regard  to  the  use  and  sale  of  school 
children 's  tickets.  Any  child  of  the  age  of  five  years,  or  under, 
accompanied  by  parent  or  guardian,  shall  be  carried  free. 

TRANSFERS. 

Section  13.  Any  passenger  demanding  a  transfer  ticket  at 
the  time  of  paying  such  cash  or  ticket  fare  shall  be  entitled, 
without  additional  charge,  to  transfer  from  the  route  on  which 
he  shall  have  paid  such  fare  to  any  other  route  of  the  Company 
within  the  City,  and  such  transfers  shall  entitle  such  passenger 
to  transfer  to  any  point  on  the  lines  of  The  jNIahoning  Valley 
Railway  Company  within  the  City  of  Youngstown,  and  to  a 
point  opposite  the  plant  of  the  Youngstown  Sheet  &  Tube  Com- 
pany, without  the  City,  or  to  a  point  opposite  the  plant  of  The 
General  Fireproofing  Company,  without  the  City,  and  also  to 
any  point  on  the  lines  of  the  Youngstown  &  Sharon  Street  Rail- 
way Company'-  Avithin  the  City  of  Youngstown.  Such  transfer 
over  such  lines  shall  be  good  not  only  from  the  lines  of  The 
Youngstown  Park  &  Falls  Street  Railway  Company  within  the 
City  limits  of  Youngstow^n,  but  also  from  Idora  Park  without 
the  City  of  Youngstown,  and  the  territory  lying  between  Idora 
Park  and  the  City  Limits  of  Youngstown.  provided,  however, 
that  such  passengers  shall  transfer  to  the  car  upon  such  second 
route  first  passing  such  transfer  point  upon  such  second  route 
after  the  intending  passenger's  arrival  thereat,  and  at  the  first 
point  of  intersection  of  said  routes  or  at  such  other  transfer 


CITY    OF   YOUNGSTOWN,    OHIO  89 


point  established  by  the  Company.  If  cars  upon  two  or  more 
routes  are  operated  regularly  along  the  same  street,  persons 
who  are  able  to  reach  their  destination  by  one  of  said  routes 
without  transfer  to  another  of  said  routes,  shall  board  a  car 
upon  the  route  reaching  such  destination,  and  shall  not  be  en- 
titled to  a  transfer  thereto  from  any  other  route.  The  Com- 
pany shall  not  be  required,  however,  to  furnish  a  round  trip 
ticket  for  a  single  fare,  or  to  carry  any  passenger  to  any  point 
upon  its  railway  to  the  vicinity  of  his  starting  point  for  a  single 
fare,  and  the  Company'  may  make  such  reasonable  regulations 

not  inconsistent  with  the  provisions  of  this  Ordinance  as  may 

V 
be  necessary  to  prevent  the  misuse  or  abuse  of  transfers.     The 

Company  shall  accept  for  passage  to  any  point  on  its  lines  with- 
in the  City  of  Youngstown,  or  to  Idora  Park  without  the  City 
of  Youngstown,  and  the  territory  between  Idora  Park  and  the 
City  Limits  of  Youngstown,  transfers  issued  to  passengers  tak- 
ing passage  on  The  Mahoning  Valley  Railway  Company  within 
the  City  of  Youngstown,  and  from  a  point  opposite  The  Youngs- 
town Sheet  &  Tube  Company,  and  from  a  point  opposite  the 
plant  of  The  General  Fireproofing  Company,  and  the  territory 
in  the  vicinity  between  said  point  and  the  City  Limits  of 
YoungstoAvn,  and  shall  also  accept  for  transportation,  over  its 
lines,  transfers  issued  by  The  Youngstown  &  Sharon  Street 
Eailway  Company,  to  passengers  taking  passage  over  its  lines 
within  the  City  of  Youngstown.  Said  transfers  so  to  be  ac- 
cepted and  honored  by  The  Youngstown  Park  &  Falls  Street 
Railway  Company  shall  be  accepted  for  passage  not  alone  on 
the  lines  of  The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany within  the  City  of  Youngstown,  but  also  on  the  line  of 
said  Company  to  Idora  Park  without  said  City,  and  the  terri- 
tory intervening  between  said  Park  and  the  City  Limits  of 
Youngstown. 


90  RAILWAY   AND   LIGHTING   ORDINANCES 

CROSSING  OTHER  LINES. 

Section  14.  The  City  reserves  to  itself  the  right  to  graut 
to  any  other  person  or  persons,  Company  or  Corporation,  oper- 
ating a  street  railway  within  said  City,  the  right  and  privilege 
to  cross  said  Company's  tracks  at  grade  at  any  public  street 
crossing;  also  the  right  to  prescribe  the  terms  and  conditions 
as  to  such  occupation  and  compensation  in  the  event  that  such 
companies  should  fail  to  come  to  such  agreement  by  and  l)e- 
tween  themselves. 

INDEMNITY. 

Section  15.  Said  Company  shall  at  times  defend,  keep 
harmless,  and  indemnify,  the  Cit.y  of  Youngstown,  from  all 
damages,  claims  and  demands  for  injury  to  persons  or  prop- 
erty, together  with  any  cost  and  expense  to  which  said  City 
may  be  legally  subjected,  or  made  liable  by  any  proceedings 
at  law,  or  in  equity,  arising  from  or  growing  out  of  the  privi- 
leges granted  in  this  Ordinance  or  out  of  the  exercise  or  opera- 
tion of  the  same  by  the  Company,  provided  that  said  Company 
shall  have  reasonable  notice  of  the  pendency  of  such  action, 
and  shall,  upon  receipt  of  said  notice,  assume  the  defense  and 
cost  of  all  such  actions. 

JOINT  USE  OF  TRACKS. 

Section  16.  The  City  hereby  reserves  the  right  and  pov.-er 
at  any  time,  during  the  life  of  this  grant  to  grant  to  any  other 
company  or  corporation  engaged  in  operating  an  inter-urban 
street  railroad  having  a  trackage  of  at  least  eight  miles  outside 
of  the  limits  of  the  City  of  Yoimgstown,  to  jointly  use  with 
said.  The  Youngstown  Park  &  Falls  Street  Railway  Company, 
any  track  or  part  thereof  ownied  or  operated  by  said  Company 
which  may  be  necessary  to  enable  the  cars  operated  on  such 
inter-urban  railroad  to  pass  by  the  most  direct  route  to  and 


CITY   OF   YOUNGSTOWN,    OHIO  9 1 


from  Central  Square  within  said  City.  If  such  right  to  such 
joint  use  be  granted  by  the  City,  and  if  fair  and  reasonable 
terms,  conditions  and  compensation  for  such  joint  use  cannot 
be  agreed  upon  by  said,  The  Youngstown  Park  &  Falls  Street 
Railway  Company  and  the  corporation  or  company  applying 
for  such  joint  use  within  sixty  days  after  such  grant  is  made 
by  the  City,  the  terms,  conditions  and  compensation  under 
which  such  joint  use  shall  be  enjoyed,  shall  be  submitted  to  ar- 
bitration. One  arbitrator  shall  be  chosen  by  The  Youngstown 
Park  &  Falls  Street  Eailway  Company,  one  by  the  corporation 
or  company  applying  for  such  joint  use,  and  the  two  so  chosen 
to  select  a  third  arbitrator.  If  such  arbitrators  shall  fail  to 
agree  upon  a  third  abitrator  within  sixty  days  from  their  ap- 
pointment, then  such  third  arbitrator  shall  be  appointed  hy  a 
Judge  of  the  Court  of  Common  Pleas  of  Mahoning  County, 
Ohio.  The  decision  of  the  said  arbitrators,  in  the  absence  of 
fraud,  accident  or  mistake  of  law  or  fact,  shall  be  conclusive 
upon  both  parties.  Any  grant  or  traffic  arrangement  made  by 
said  The  Youngstown  Park  &  Falls  Street  Railway  Company 
with  any  other  corporation,  company  or  individual  to  use  its 
tracks,  or  any  part  thereof,  shall  l)e  subject  to  all  rules  and 
regulations  of  said  City  now  in  force,  or  which  may  hereafter 
be  adopted  by  said  City  concerning  the  rate  of  speed  and  hea-1- 
way  and  the  operation,  character,  lighting  and  heating  of  all 
cars  so  operated  under  such  grant  or  traffic  arrangement  for 
such  joint  use,  and  for  the  comfort  and  safety  of  passengers 
carried  thereon. 

It  being  expressly  understood  and  agreed  tliat  such  joint 
use  shall  not  be  required  or  permitted  if  such  joint  use  would 
substantially  interfere  Avith  the  transportation  or  carriage  of 
passengers  by  The  Youngstown  Park  &  Falls  Street  Railway 
Company  within  the  City  of  Youngstown.  or  substantially  in- 


92  RAILWAY    AND    LIGHTING   ORDINANCES 

terfere  with  or  delay  the  performance  by  The  Youngstown 
Park  &  Falls  Street  Kailway  Company  of  its  public  duties  as  a 
common  carrier  of  passengers  for  hire  Avithin  the  limits  of  the 
City  of  Youngstown,  or  substantially  interfere  with  the  dis- 
charge of  the  obligations  imposed  by  this  ordinance ;  nor  shall 
such  other  inter-urban  railroad  company  have  the  right  to 
carry  local  passengers  over  the  tracks  of  The  Youngstown  Park 
&  Falls  Street  Railway  Company  within  the  City  of  Youngs- 
town. 

CAR  LICENSE. 
Section  17.     The  Company  shall  pay  to  the  City  an  annual 
license  fee  of  ten  dollars  for  each  car  operated  within  said  City. 

REGULATION. 

Section  18.  The  construction  and  operation  of  the  street 
railroads  herein  authorized,  shall  be  subject  to  and  governed 
by  the  general  street  railroad  ordinances  now  in  force,  except 
as  the  same  are  herein  modified,  and  future  ordinances  and  reg- 
ulations of  the  City  not  inconsistent  herewith. 

VIADUCTS. 

Section  19.  AVhen  a  separation  of  grades  shall  be  here- 
after determined  upon,  at  any  public  street  and  railroad  cross- 
ing Avithin  the  City  of  YoungstoAvn,  upon  which  crossing  the 
tracks  of  the  Company  are  now,  or  may  hereafter  be  construct- 
ed, the  City  of  Youngstown  shall  have  the  power,  by  ordinance, 
to  require  the  Company  to  bear  a  fair  and  reasonable  propor- 
tion of  the  cost  assumed  by  the  City  of  Youngstown  in  the  mak- 
ing of  said  improvement,  in  connection  with  such  grade  separa- 
tion, not  exceeding,  however,  one-half  of  the  portion  payable 
by  said  City  of  Youngstown.  Said  contribution  so  to  be  made 
by  the  Company  to  be  in  full  of  its  proportion  to  said  improve- 
ment or  improvements. 


CITY   OF   YOUNGSTOWN,    OHIO  03 


In  the  event  that  the  City's  portion  is  payable  in  vleferred 
payments,  then,  and  in  that  event,  the  Company  shall  be  en- 
titled to  likewise  defer  the  payment  of  its  proportionate  part, 
as  hereinbefore  provided.  Should  any  other  street  railway 
company  be  thereafter  granted  the  right  to  cross  said  crossing 
with  its  tracks,  after  such  separation  of  grades,  it  shall  be  re- 
quired by  the  City  of  Youngstown  to  repay  to  The  Youngstown 
Park  &  Falls  Street  Railway  Company  one-third  of  its  contribu- 
tion to  said  improvement. 

FUTURE  EXTENSIONS. 
Section  20.  The  Company  shall,  in  the  event  that  the 
necessary  consents  and  grants  are  obtained,  from  time  to  time, 
construct,  maintain  and  operate,  such  extensions  from  its  pres- 
ent or  future  lines  within  the  City  of  Youngstown,  as  the  public 
convenience  and  business  of  the  Company  may,  from  time  to 
time,  justify  and  require. 

FORFEITURE. 

Section  21.  Tn  case  of  any  failure  of  the  Company  to  do 
and  perform  each  and  every  one  of  the  terms  and  conditions 
herein  stipulated  to  be  performed  by  it,  and  such  failure  shall 
continue  for  an  unreasonable  time  after  written  notice  to  The 
Youngstown  Park  &  Falls  Street  Railway  Company  from  tlic 
Council  of  said  City,  of  its  intention  to  exact  a  forfeiture  by 
reason  of  such  failure,  the  Company  shall,  upon  the  passage  of 
an  ordinance  by  two-thirds  vote  of  the  Council,  declaring  such 
forfeiture,  forfeit  all  and  singular  all  the  rights  and  privileges 
herein  granted,  and  thereafter  all  such  rights  and  privileges 
shall  cease  and  determine  and  be  null  and  void. 

The  above  remedy  to  be  in  addition  to  other  remedies  pro- 
vided by  law. 


94  RAILWAY    AND    LIGHTING   ORDINANCES 

REPEAL  AND  TERJVIINATION  OF  PRESENT  FRANCHISE. 

Section  22.  The  acceptance  of  this  Ordinance  by  the  Com- 
pany in  the  manner  herein  provided  shall  be  and  constitute  a 
surrender,  termination  and  cancellation  of  all  the  grants,  and 
franchises  of  every  kind,  character  and  description,  received, 
acquired  or' owned  by  it,  or  its  predecessors,  from  the  City  of 
Youngstown,  Ohio,  or  from  any  source  whatever,  to  operate 
street  railways  within  the  present  limits  of  the  City  of  Youngs- 
town. 

The  provisions  of  any  and  all  ordinances  and  resolutions 
and  parts  of  ordinances  and  resolutions,  heretofore  passed  and 
adopted  by  the  City  Council  of  said  City,  which  are  inconsist- 
ent with  the  terms  of  this  Ordinance  are  hereby  repealed  and 
rescinded. 

ACCEPTANCE. 

Section  23.  The  Youngstown  Park  &  Falls  Street  Railway 
Company,  for  itself,  its  successors,  lessees  and  assigns,  shall, 
within  thirty  days  from  the  passage  of  this  Ordinance,  file  with 
the  City  Clerk,  its  written  acceptance  of  the  terms,  conditions, 
covenants  and  provisions  hereof,  and  its  agreement  to  be  bound 
by  the  terms,  conditions,  covenants  and  provisions  hereof; 
which  said  acceptance  shall  be  in  the  following  form: 

"To  the  Honorable,  the  City  Council  of  the  City  of  Young-s- 
town,  Ohio: 

Gentlemen:  The  undersigned.  The  Youngstown  Park  & 
Palls  Street  Railway  Company,  for  itself,  its  successors,  lessees 
and  assigns,  hereby  accepts  the  terms,  conditions,  covenants 
and  provisions  of  an  Ordinance,  entitled,  'An  Ordinance  Re- 
newing to  The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany for  the  Term  of  Twenty-five  Years,  its  Grants,  Rights, 


CITY   OF   YOUNGSTOVVN,    OHIO  95 

Privileges  and  Franchises  to  Maintain  and  Operate  its  Tracks 
and  Lines  of  Street  Railroad  upon  the  Streets,  Avenues,  Ways 
and  Places  and  Parts  of  Streets,  Avenues,  "Ways  and  Places 
Hereinafter  Mentioned  in  the  City  of  Youngstown,  Ohio,  Fix- 
ing the  Terms  and  Conditions  of  such  Renewal  Grants — Chang- 
ing the  Rate  of  Fare — Providing  for  and  Regulating  Transfers 
and  Terminating  Existing  Grants,'  and  passed  in  Council  on 

the day  of  , 

1908 ;  and  said  The  Youngstown  Park  &  Falls  Street  Railway 
Company,  for  itself,  its  successors,  lessees  and  assigns,  hereby 
agrees  to  be  bound  by  the  terms,  conditions,  covenants  and 
provisions,  and  each  of  them,  in  said  Ordinance  contained. 

THP]  YOUNGSTOWN  PARK  &  FALLS  STREET  RAILWAY 

COMPANY, 


(Seal)  By 

President. 

Attest : 

Secretary-. 

Dated  at  Youngstown,  Ohio,  the day  of 

1908." 


TIME  OF  TAKING  EFFECT. 

Section  24.  This  Ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  legal  publication,  and  the 
acceptance  hereof  by  the  Company,  in  writing,  as  hereinbefore 
provided;  provided  that  the  provisions  as  to  the  issuance  and 
acceptance  of  transfers  and  sale  of  tickets  shall  not  take  effect 
until  thirty  days  from  the  date  of  the  passage  and  publication 
hereof. 


96  RAILWAY    AND    LIGHTING   ORDINANCES 

Passed  in  Council  this  twenty-fifth  day  of  August,  A.  D. 
1908. 

M.  C.  HIGGINS, 

President  of  Council. 

Attest:     M.  F.  Hyland,  Clerk. 

Approved  this  third  day  of  September,  A.  D.  1908. 

A.  W.  GRAVER, 

Mayor. 


ACCEPTANCE 

OF 

The  Youngstown  Park  &  Falls 
Street  Railway  Company 

OF 

AN  ORDINANCE   RENEWING  AND  EXTEND- 
ING ITS  FRANCHISES  WITHIN  THE 
CITY  OF  YOUNGSTOWN 


To  the  Honorable,  the  City  Council  of  the  City  of  Youngstown, 

Ohio: 

Gentlemen:  The  undersigned.  The  Youngstown  Park  & 
Falls  Street  Railway  Company,  for  itself,  its  successors,  lessees 
and  assigns,  hereby  accepts  the  terms,  conditions,  covenants 
and  provisions  oi"  an  Ordinance,  entitled,  "An  Ordinance  Re- 
newing to  The  Youngstown  Park  &  Falls  Street  Railway  Com- 
pany for  tlie  Term  of  Twenty-five  Years,  its  Grants,  Rights, 
Privileges  miuI  Franchises  to  Maintain  and  Operate  its  Tracks 
and  Lines  of  Street  Railroad  upon  the  Streets,  Avenues,  Ways 
and  Places  ;iii(I  Pjirts  of  Streets,  Avenues.  Ways  and  Places 
Hereinafter  Mentioned  in  the  City  of  Youngstown,  Ohio,  Fix- 
ing the  Terms  and  Conditions  of  such  Renewal  Grants — Chang- 
ing the  Rate  of  Frire — Providing  for  and  Regulating  Transfers 
and  Terminating  Existing  Grants,"  and  passed  in  Council  on 
the  25th  day  of  August.  1908;  said  The  Youngstown  Park  & 
Falls  Street  Railway  Company,  for  itself,  its  successors,  lessees 
and  assigns,  hereby  agrees  to  be  bound  l)y  the  terms,  condi- 
tions, covenants  and  provisions,  and  each  of  them,  in  said  Ordi- 
nance contained. 

THE  YOUNGSTOWN  PARK  &  FALLS  STREET  RAILWAY 

COMPANY. 

(Seal)  By  M.  E.  McCASKEY. 

President. 
Attest : 

S.  C.  ROGERS,  Secretary. 

Dated  at  Youngstown,  the  23rd  day  of  September,  1908. 


99 


APPLICATION 

OF 

The  Mahoning  Valley  Railway  Company 

FOR 

WICK  AVENUE  EXTENSION  FRANCHISE 


Youngstowii.  Ohio.  Nov.  4.  IDDS. 

To  the  Honorable,  the  Council  of  the  City  of  Youngstown,  Ohio : 

Gentlemen:  The  ^lahoiiing  Vall(\\-  Railway  (\)ini>any,  for 
itself,  its  successors,  lessees  and  assigns,  hereby  requests  your 
Tlonorable  Body  to  grant  to  it,  its  successors,  lessees  arul  as- 
signs, the  right,  privilege  and  franchise  to  construct,  maintain 
and  operate  an  extension  from  the  terminus  of  its  present  line 
on  Wick  Avenue  P^xtension  near  the  Hubbard  Road,  so-called; 
thence  northerly,  on.  along  and  over  Wick  Avenue  Extension, 
to  the  northerly  City  Limits  of  the  City  of  Young.stown.  Ohio: 
together  with  .sucli  turn-outs,  cross-overs,  sidings,  poles,  wires, 
connecting  tracks,  appurtenances,  appliances  and  fixtures  as 
may  be  necessary  or  proper  for  the  construction.  oi)eration  or 
maintenance  thereof. 

Respectfully  submitted, 
THE  :\IAHOXING  VALLEY  RAILWAY  COMPANY, 

By  M.  E.  McCaskey, 
General  Manager 


103 


AN  ORDINANCE 


GRANTING   TO 


The  Mahoning  Valle\'  Railway  Company 

AN  EXTENSION  OF  ITS  LINE  ON   WICK 

AVENUE   EXTENSION    TO   THE 

NORTHERLY  LIMITS  OF 

YOUNGSTOWN 


AN  ORDINANCE, 

Granting  to  the  Mahoning  Valley  Railway  Company,  Its  Suc- 
cessors and  Assigns,  the  Right,  Privilege  and  Franchise  to 
Construct,  Maintain  and  Operate  an  Extension  from  Its 
Present  Line  on  Wick  Avenue  Extension,  So-Called,  at  or 
Near  the  Hubbard  Road,  So-Called ;  Thence  Northerly,  On, 
Along  and  Over  Wick  Avenue  Extension  to  the  Northerly 
Limits  of  the  City  of  Youngstown,  Ohio,  and  Fixing  the 
Terms  and  Conditions  Thereof. 

Whereas,  The  Mahoning  Valley  Railway  Company  lias 
heretofore  made  its  application  in  Avriting  to  the  City  Conm'il 
of  the  City  of  Youngstown,  Ohio,  for  the  right,  jtriviie^e  .ind 
franchise,  for  itself,  its  successors  and  assigns,  to  extciul  its 
line  of  street  railway  and  its  tracks,  upon,  along  and  over  Wi'-lc 
Avenue  Extension,  so-called,  between  the  present  tci'mimis  of 
its  railway  on  Wick  Avenue  Extension  at  or  near  the  Iliihh.u",] 
Road,  so-called,  and  the  northerly  city  limits  ol"  the  ('i1\-  of 
Youngstown.  Ohio.     And, 

Whereas,  The  Mahoning  Valley  Railway  Conif>any  has  oi)- 
tained  the  written  consent  of  a  majority  of  the  proiicrty  hold- 
ers and  land  owners  as  represented  by  the  foot  fi-oiit  upon  said 
part  of  said  avenue,  consenting  to  the  eonstrud  ion.  mainten- 
ance and  operation  of  said  street  railway,  which  wi-ittcn  con- 
sents have  been  produced  and  filed  with  the  Coinicil  of  said 
city.     And, 

Whereas,  All  the  requirements  of  law  in  respect  to  the  ex- 
tension of  said  railway  and  the  tracks  have  I)een  ci)iii!)1icd  wiHi, 
and  the  Council  deems  the  same  l)eneficial  to  the  public; 

Now,  Therefore,  Be  it  ordained  by  the  Council  of  \]\r  City 
of  Youngstown.  as  follows: 

107 


I08  RAILWAY    AND   LIGHTING    ORDINANCES 


Section  1.  That  The  Mahoning  Valley  Railway  Company, 
its  successors,  lessees  and  assigns  be,  and  it  and  they  hereby  are 
granted  the  right,  privilege  and  franchise  to  extend  its  lines  of 
street  railway  and  its  tracks,  and  to  construct,  maintain  and 
operate  with  electricity,  or  such  other  motive  power,  except 
steam  or  animal,  as  said  The  Mahoning  Valley  Railway  Com- 
pany, its  successors,  lessees  or  assigns,  may  from  time  to  time 
adopt,  upon  and  over  Wick  Avenue  Extension,  so-called,  be- 
tween the  northerly  terminus  of  its  present  line  on  said  avenue 
antl  the  northerly  city  limits  of  the  City  of  Youngstown,  a 
single  track  street  railway,  together  with  such  poles,  wires, 
conduits,  switches,  sidetracks  and  other  appurtenances,  fixtures 
and  appliances  as  are  necessary  for  the  proper  operation  of  the 
same,  with  the  further  right,  whenever  said  The  Mahoning 
Valley  Railway  Company,  its  successors,  lessees  or  assigns,  may 
desire  to  construct  an  additional  track  on  said  part  of  said 
avenue,  with  the  necessary  appurtenances  and  appliances  there- 
for, but  subject  to  the  conditions  herein  set  out  and  referred  to. 

Sec.  2.  The  rights  and  privileges  set  forth  herein,  are 
given  and  are  to  be  exercised  under  and  upon  the  same  terms 
and  conditions  as  are  set  forth  in  an  ordinance  passed  in  Coun- 
cil on  the  25th  day  of  August,  1908,  granting  to  The  Mahoning 
Valley  Railway  Company  a  renew^al  of  its  grants,  rights,  privi- 
leges and  franchises  within  the  City  of  YoungstoAvn,  and  pre- 
scribing the  terms  and  conditions  under  which  such  grants, 
rights,  privileges  and  franchises  should  be  exercised,  which  said 
terms  and  conditions  as  set  forth  in  said  ordinance,  passed 
August  25th.  1908.  are  hereby  adopted  and  made  a  part  hereof 
as  if  again  herein  written. 

Sec.  3.  Said  extension  of  said  line  of  street  railway  shall 
be  completed  and  in  operation  within  sixty  (60)  days  from  the 
date  of  the  passage  of  this  ordinance,   (unless  said  company  is 


CITY    OF   YOUNGSTOWN,    OHIO  IO9 

prevented  from  completing  the  same  by  litigation  or  other 
causes  beyond  its  control),  and  the  rights,  privileges  and  fran- 
chises hereinbefore  granted  shall  be  in  force  until  the  10th  day 
of  October,  1933. 

Sec.  4.  That  said  The  Mahoning  Valley  Railway  Com- 
pany, its  successors  or  assigns,  shall  within  thirty  (30)  days 
from  the  passage  of  this  ordinance,  accept  the  rights,  privileges 
and  franchises  herein  granted,  and  agree  to  comply  with  the 
terms  of  this  ordinance. 

Sec.  5.  This  ordinance  shall  take  effect  and  he  in  force 
from  and  after  the  earliest  period  allowed  by  law. 

Passed  in  Council  this  4th  day  of  November,  A.  I).  1908. 

M.  C.  IIIGGINS. 
Attest:  President  of  Council. 

M.  F.  Hyland,  Clerk. 

Approved :     A.  W.  CRAVER,  Mayor. 


ACCEPTANCE 

OF 

The  Mahoning  Valley  Railway  Company 

OF 

WICK  AVENUE  EXTENSION  FRANCHISE 


To  the  Honorable,  the  City  Council  of  the  City  of  Youngstown, 
Ohio: 

Gentlemen:  The  undersigned,  The  Mahoning  Valley  Rail- 
way Company,  for  itself,  its  successors,  lessees  and  assigns, 
hereby  accepts  the  terms,  conditions,  covenants  and  provisional 
of  an  ordinance  passed  in  Council  on  the  4th  day  of  November, 
A.  D.  1908,  and  entitled,  "An  Ordinance  Granting  to  The  Ma- 
honing Valley  Railway  Company,  its  Successors,  and  Assigns, 
the  Right.  Privilege  and  Franchise  to  Construct.  Maintain  and 
Operate,  an  Extension  from  its  Present  Line  on  Wick  Avenue 
Extension,  so-called,  at  or  near  the  Hubbard  Road,  so-called; 
thence  northerly,  on.  along  and  over  Wick  Avenue  Extension 
to  the  northerly  Limits  of  the  City  of  Youngstown.  Ohio,  and 
Fixing  the  Terms  and  Conditions  Thereof."  and  for  itself,  its 
successors,  lessees  and  assigns,  hereby  agrees  to  be  bound  by  all 
the  terms,  conditions,  covenants  and  provisions  in  said  ordi- 
nance contained,  or  therein  referred  to. 

THE  MAHONING  VALLEY  RAILWAY  COMPANY, 
(Seal)  By  R.  ^Montgomery, 

Vice  President. 
Attest :     S.  C.  Rogers,  Secretary. 

Dated  at  Youngstown,  Ohio,  this  23rd  day  of  November. 
A.  D.  1908. 


11' 


AN  ORDINANCE 

CONFIRMING  AND  AUTHORIZING  CONTRACT  BETWEEN 

The  City  of  Youngstown 

AND 

The  Youngstown  ConsoHdated  Gas 
&  Electric  Company 


AN  ORDINANCE, 
Confirming  and  Authorizing  the  Execution  of  a  Contract  Be- 
tween  The   Youngstown   Consolidated   Gas   and   Electric 
Company  and  the  City  of  Youngstown,  Ohio. 

Be  it  ordained  by  the  Council  of  the  City  of  Youngstown, 
Ohio: 

Section  1.  That  the  Board  of  Public  Service,  be.  and  here- 
by is.  authorized,  directed  and  empowered,  to  enter  into  and 
execute  on  l)ehalf  of  the  City  of  Youngstown.  Ohio,  the  follow- 
ing: contract : 

"This  agreement  made  and  entered  into  this day  of 

,  A.  D..  1908.  by  and  between  The  Youngstown 

Consolidated  Gas  and  Electric  Coini)any,  of  the  City  of  Youngs- 
town. Ohio,  party  of  the  first  part,  and  The  Citj"  of  Youngs- 
town. (^hio.  party  of  the  second  part,  Witnesseth,  That. 

"Whereas,  Party  of  the  first  part  is  now  furnishing  electric 
are  lights  to  the  party  of  the  second  part  under  a  contract 
which  expires  on  December  17th,  1909.    And. 

Whereas.  Party  of  the  second  part,  in  order  to  insure  the 
furnishinar  to  it  of  electric  arc  lights  subsequent  to  December 
17th,  1909.  is  desirous  that  first  party  shall  enter  into  and  exe- 
cute a  contract  with  it  providing  for  the  furnishing  of  electric 
arc  lights  for  a  period  of  eight  (8)  years,  from  and  after  the 
the  17th  day  of  December,  1909.    And, 

Whereas,  First  party  is  willing  to  enter  into  and  execute 
such  a  contract  under  the  terms  and  conditions  hereinafter  set 
forth. 

Now,  Therefore,  this  agreement  witnesseth:  That  first 
party  and  second  party,  in  consideration  of  the  covenants 
and  agreements  upon  each  part  to  be  done  and  performed,  as 
hereinafter  set  forth,  do  hereby  agree  as  follows: 

117 


Il8  RAILWAY    AND    LIGHTING    ORDINANCES 


First.  First  party  agrees  that  it,  its  successors  and  assigns, 
will,  during  the  period  hereinafter  set  forth,  furnish  and  de- 
liver to  second  party,  and  second  party  agrees  that  it  will  take 
and  pay  for, at  such  locations  within  the  corporate  limits  of  the 
City  of  Youngstown,  Ohio,  as  second  party,  the  Council  thereof, 
or  the  proper  boards  or  officers  may  determine,  not  less  than 
six  hundred  series,  alternating  current  enclosed  electric  arc 
lights,  having  an  amperage  of  seven  and  one-half  (1^2)  am- 
peres, consuming  an  average  of  four  hundred  and  fifty  (450) 
Watts  each,  and  kno"wn  commercially  as  "Two  thousand  candle 
power  lights;"  said  lights  to  be  at  least  equal  in  efficient  light- 
ing power  to  those  now  in  use  in  said  city. 

First  party  further  agrees  from  time  to  time  during  the 
period  of  this  contract,  excepting  the  last  year  thereof,  to  in- 
stall such  additional  arc  lights  as  second  party  may  desire,  and 
upon  locations  within  the  corporate  limits  of  the  City  of 
youngstown,  Ohio,  to  be  fixed  as  hereinbefore  provided. 

First  party  shall  not  be  required  to  install  or  supply  ad- 
ditional arc  lights  during  the  last  year  of  the  period  covered 
by  this  contract,  except  by  mutual  agreement. 

First  party  agrees  to  operate  said  arc  lights  every  night 
and  all  night  throughout  each  of  the  years  covered  by  this  con- 
tract; the  aggregate  service  for  each  light  not  to  exceed  four 
thousand  hours  per  year.  The  hours  of  starting  and  stopping 
the  operation  of  said  lights  to  be  subject  to  the  direction  of 
second  party  or  its  authorized  representatives. 

Second.  Second  party  agrees  to  take  all  lights  that  may 
be  needed  to  properly  light  the  streets,  alleys,  avenues,  public 
ways  and  places  within  said  city  from  first  party,  its  .successors 
and  assigns  under  this  contract,  during  the  period  herein  pro- 
vided. 


CITY    OF    VOUNGSTOVVN,    OHIO  1 19 

Party  of  second  i)arl  agrees  to  ]iay  for  llic  lio'lits  hri-ciii 
provided  to  be  frirr.islu'd.  the  sum  of  Sixty-ei«rht  (^6S)  Dollars 
per  light  per  year,  payable  iti  ('(jual  iiinnthly  iiistalliiMMits.  Pro- 
vided that  if  any  lig'ht  sliall  be  ont  at  a  time  when  the  liLvhts  are 
required  to  be  on,  and  the  snnie  is  reported  t«»  jiarty  of  first 
part  by  party  of  second  j)art.  no  cliarg'e  sliall  be  nuub^  for  sMid 
light  or  lights  until  the  same  shall  be  again  {daced  in  ^'ull  ojier- 
ation.  All  bills  for  electric  lighting  to  be  renderi^d  by  first 
party  on  the  first  of  each  month,  for  the  preceding  tnonlh.  an.l 
to  be  paid  l)y  second  party  on  or  before  the  20th  of  eai-h  month. 

Third.  If  at  the  expiration  of  the  first  five  years  of  this 
contract,  second  |)arty  is  of  the  opinion  tliat  the  [)rice  being 
paid  for  lights  under  this  contract  should  be  reduced,  then,  and 
in  tliat  event,  second  party  shall  have  the  riglit.  by  written 
notice,  to  require  the  appointment  of  an  arbitration  l)oafd,  i'or 
the  purpose  of  determining  the  cost  to  first  party  of  the  lights 
so  furnished  by  it. 

Said  board  of  arbitration,  shall,  within  thirty  days  from 
receipt  of  such  written  notice  be  chosen  as  follows:  First  party 
shall  choose  one  person,  and  second  party  shall  choose  one  per- 
son, and  the  parties  so  chosen  shall  determine  from  the  records 
of  first  party  the  cost  of  furnishing  said  lights.  If  said  board 
shall  determine  that  the  cost  of  furnishing  said  lights  plus  a 
profit  of  ten  per  centum  upon  capital  invested  in  the  produc- 
tion and  furnishing  of  said  lights  shall  be  less  than  f)rice  fixed 
by  this  contract,  then,  and  in  that  event,  said  price  shall  be  so 
reduced  by  first  party  as  that  second  party  shall  pay,  and  first 
party  shall  receive  for  lights  during  the  remaining  period  of 
this  contract,  an  amount  equal  to  the  cost  of  furnishing  said 
lights,  plus  a  profit  of  ten  per  centum  upon  the  amount  invested 
in  the  production  and  furnishing  of  said  lights. 


I20  RAILWAY    AND    LIGHTING    ORDINANCES 

In  the  event  that  the  two  arbitrators  so  chosen  shall  be  un- 
able to  agree  upon  the  cost  of  producing  and  furnishing  said 
lights,  then  said  abitrators  shall  choose  a  third  person,  and  the 
decision  of  said  three  persons,  or  a  majority  thereof,  shall  be 
final  and  conclusive  upon  the  parties  hereto. 

Should  first  party,  upon  written  notice,  fail  or  refuse  to 
choose  an  arbitrator  as  contemplated  herein,  for  a  period  of 
thirty  days  from  the  receipt  of  such  written  notice,  then  second 
party  shall  have  the  right  to  choose  two  persons,  which  persons 
so  chosen  shall  determine  the  questions  hereinbefore  provided 
to  be  arbitrated. 

First  jmrty  agrees  that  it  will  permit  said  board  of  arbitra- 
tors to  examine  its  books  and  records  for  the  purpose  of  deter- 
mining the  cost,  as  herein  contemplated. 

It  is  mutually  understood  and  agreed  that  all  expenses  in 
connection  with  said  arbitration  board  shall  be  borne  equally 
by  the  parties  to  this  agreement. 

Fourth.  This  contract  shall  take  effect  and  be  in  force  for 
and  during  the  period  of  eight  (8)  years,  commencing  on  the 
17th  day  of  December,  A.  D.  1909.  and  ending  on  the  16th  day 
of  December.  A.  D.  1917. 

Fifth.  Tt  is  mutually  understood  and  agreed  that  second 
party  shall  have  the  riglit.  at  its  option,  to  require,  and  first 
party  shall  furnish,  if  so  required,  are  lights  upon  the  schedule 
herein  stated,  at  the  price  herein  fixed,  at  any  time  subsequent 
to  the  execution  of  this  contract,  and  prior  to  the  17th  day  of 
December,  1909. 

Sixth.  First  party  shall  give  to  second  party  a  bond  in 
the  amount  of  Ten  Thousand  Dollars  (.1^10,000),  with  sufficient 
surety,  conditioned  upon  the  faithful  performance  by  it  of  the 
terms,  covenants  and  conditions  of  this  contract  by  it  to  be 
performed,  and  to  indemnify  and  save  harmless  party  of  sec- 


CITY    OF    VOUNGSTOVVN,    OHIO  121 

ond  part,  from  any  and  all  claims  and  demands  on  account  ot" 
injury  to  persons  or  property  for  which  second  party  may  be- 
come liable  by  reason  of  this  contract. 

Seventh.  The  terms,  conditions  and  provisions  of  this 
agreement  shall  inure  to  and  bind  the  respective  successoi's 
and  assigns,  of  the  [larties  hereto. 

In  Witness  Whereof,  the  parties  to  this  agreement  have 
hereunto  caused  the  same  to  be  executed  by  their  proper  offi- 
cei's.  on  the  day  and  year  first  above  written. 

Section  2.  That  the  bond  furnished  to  The  City  of  Youngs- 
town.  Oliio.  ])y  The  Youngstown  Consolidated  Gas  and  Electric 
Company,  conditioned  upon  the  faithful  performance  by  it  of 
the  terms  and  provisions  of  the  above  contract  be,  and  the  same 
hereby  is.  approved. 

Section  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  the  earliest  period  authorized  by  law. 

Passed  in  Council  this  20th  day  of  July,  A.  D.  1908. 

JAMES  A.  GREEN, 
President  pro  tem.  of  Council. 
Attest :     :\r.  F.  Hyland.  Clerk. 
Approved :  A.  W.  GRAVER,  Mayor. 


BOND 

Know  All  Men  by  These  Presents,  That  we,  THE  YOUNGS- 
TOWN CONSOLIDATED  GAS  AND  ELECTRIC  COMPANY, 
as  principal,  and  FIDELITY  AND  DEPOSIT  COMPANY  OF 
BALTIMORE,  MARYLAND,  as  surety,  are  held  and  firmly 
liound  unto  the  City  of  Youngstown,  in  the  penal  sum  of  TEN 
THOUSAND  DOLLARS  ($10,000),  to  the  payment  of  which 
we,  and  each  of  us,  do  bind  ourselves,  our  successors  and  as- 
signs by  these  presents. 


122  RAILWAY    AND   LIGHTING   ORDINANCES 


Dated  at  Youngstown,  Ohio,  this  31st  day  of  July.  A.  D. 
1908. 

The  Condition  of  this  Obligation  is  such  that 
Whereas,  On  the  20th  day  of  July,  1908,  the  Council  of 
the  City  of  Youngstown,  Ohio,  passed  an  ordinance,  entitled, 
"An  Ordinance  Confirming  and  Authorizing  the  Execution  of 
a  Contract  Between  The  Youngstown  Consolidated  Gas  and 
Electric  Company  and  the  City  of  Youngstown;"  and 

Whereas,  The  provisions  of  the  contract,  as  contained  in 
said  ordinance,  required  The  Youngstown  Consolidated  Gas 
and  Electric  Company  to  furnish  a  bond  in  the  amount  of  Ton 
Thousand  Dollars  ($10,000),  conditioned  upon  the  faithful  per- 
formance by  it  of  the  terms,  covenants  and  conditions  of  the 
contract  by  it  to  be  done  and  performed; 

Now,  If  said  TPIE  YOUNGSTOWN  CONSOLIDATED 
GAS  AND  ELECTRIC  COIMPANY  shall  faithfully  perform 
each  and  every  one  of  the  terms,  covenants  and  conditions  of 
the  contract  as  more  fully  set  forth  in  the  application  and  ordi- 
nance, and  shall  indemnify  and  save  harmless  the  City  of 
Youngstown  from  any  and  all  claims  or  demands  on  account 
of  injury  to  persons  or  property  for  which  said  City  of  Youngs- 
town may  become  liable  by  reason  of  said  contract,  then  this 
obligation  shall  be  void  ;  otherwise  to  be  and  remain  in  full 
force  and  virtue  in  law. 

THE   YOUNGSTOWN   CONSOLIDATED   GAS   AND   ELEC- 
TRIC COMPANY, 
(Seal) 

By  M.  E.  MeCASKEY, 

Vice  President. 

Attest:     S.  C.  Rogers,  Secretary. 


CITY    OF   YOUNGSTOWN.    OHIO  1 23 


PJDP]LITY    AND    DEPOSIT    COMPANY    OF    UALTIMORK, 
MARYLAND. 

(Seal) 

By  CHARLES  K.  MILLHR. 

Vice  President. 
Harry  R.  Murfew,  Secretary. 

In  presence  of 

M.  A.  SATTERFTELD. 
E.  G.  DUNLAP. 

As  to  The  Youngstown  Consolidated  Gas  &  Electric  ('ompany. 

FRANK  P.  TIRESH, 
CHARLES  S.  IIOPPKR. 

As  to  F.  &  D.  Co.  of  Maryland. 


ORDINANCES  AND  FRANCHISES 

UNDER  WHICH 

The  Youngstown  Consolidated  Gas 
&  Electric  Compan}^ 

IS  OPERATING  IN  THE  CITY  OF 
YOUNGSTOWN 


No.  1. 
COUNCIL  JOURNAL. 
Vol.  1,  Page  243. 
AN  ORDINANCE, 

To  Provide  for  the  Lighting  of  the  Village  of  Youngstown. 

Section  1st.  Be  it  ordained  by  the  Council  of  the  Incor- 
porated Village  of  Youngstown,  That  Augustus  B.  Cornell  of 
Youngstown,  aforesaid,  his  heirs  and  assigns,  and  such  persons 
as  may  be  associated  with  him  or  them  for  the  purposes  herein 
mentioned,  be  and  they  are  hereby  invested  with  the  full  and 
exclusive  privilege  to  erect  gas  works  within  the  limits  of  the 
said  Village  of  Youngstown,  and  also  with  the  sole  and  ex- 
clusive privilege  of  using  the  streets,  avenues,  lanes,  alleys, 
commons  and  public  grounds  o-f  said  village  and  its  future  ad- 
ditions, for  the  purpose  of  laying  pipe  and  of  conveying  gas  for 
the  use  of  said  village  and  the  inhabitants  thereof,  for  the 
period  of  twenty  years  from  the  passage  of  this  ordinance, 
with  the  right  to  dig  and  excavate  in  any  or  all  of  such  streets, 
avenues,  lanes,  alleys,  commons  and  public  grounds,  for  the 
purpose  of  laying  pipe  and  other  apparatus  to  convey  said  gas 
to  consumers;  provided  that  such  streets  avenues,  etc.,  shall 
not  be  unnecessarily  obstructed  by  such  excavation,  and  pro- 
vided further  that  the  then  existing  arrangements  for  drainage 
of  the  streets  by  sewers  or  ditches  shall  not  be  interfered  with. 

Section  2.  And  be  it  further  ordained,  That  when  such 
gas  works  shall  have  been  erected,  the  right  to  the  above  grants 
and  easements  and  to  the  enjoyment  thereof,  shall  be  held  on 
condition  and  so  long  only  as  the  said  Cornell,  his  heirs,  assigns 
and  his  or  their  associates,  shall  furnish  gas  of  good  quality 
for  the  public  lamps  of  said  village  (when  erected)  and  to  the 
inhabitants  thereof,  upon  the  several  streets,  avenues,  etc.,  in 

127 


128  RAILWAY    AND    LIGHTING    ORDINANCES 


and  through  which  the  leading  or  main  pipes  for  supplying  the 
citizens  with  gas  shall  be  laid  and  in  use  at  a  price  not  exceed- 
ing four  and  50-100  dollars  per  thousand  cubic  feet,  until  two 
hundred  and  fifty  consumers  are  obtained  exclusive  of  public 
lamps,  after  which  the  price  shall  not  exceed  three  and  50-100 
dollars  per  thousand  cubic  feet.  Provided,  however,  that  the 
work  of  erecting  and  constructing  such  gas  works  be  com- 
menced and  at  least  one  mile  of  pipe  be  laid  by  the  30th  day  of 
June,  A.  D.  1866. 

Section  3.  And  be  it  further  ordained.  That  after  the  ex- 
piration of  the  twenty  years  named  in  the '1st  Section  of  this 
ordinance,  the  said  Cornell,  his  heirs,  assigns  and  associates 
shall  continue  in  the  enjoyment  of  all  the  rights  and  privileges 
specified  in  said  1st  Section  so  long  and  so  long  only  as  he  or 
they  shall  furnish  gas  in  such  quantities  as  shall  be  required 
for  the  public  lamps  and  for  the  use  of  the  citizens,  on  as  fa- 
vorable terms  as  any  other  responsible  party  will  contract  to 
furnish  the  same,  and  upon  the  refusal  so  to  do,  he  or  they  shall 
forfeit  all  the  exclusive  privileges  herein  granted. 

Section  4.  That  said  Gas  Light  Company  shall,  within  two 
years  after  said  Gas  Works  are  erected  and  in  operation,  cause 
a  map  to  be  made  of  the  districts  within  which  its  mains  lie,  on 
a  large  and  sufficient  scale, and  shall  cause  to  be  marked  there- 
on the  lines  of  all  their  then  existing  mains,  and  once  in  every 
year  shall  correct  such  map,  and  make  such  additions  thereto 
as  Avill  show  the  line  of  all  their  then  mains,  as  aforesaid. 

Section  5.  That  every  map,  or  a  copy  thereof,  so  madi\ 
l)y  or  for  said  Gas  Light  Company,  with  tlie  date  expressed 
thereon  of  the  last  time  when  it  was  so  corrected,  shall  be  de- 
posited, certified  to  by  their  engineer,  or  secretary,  or  clerk, 
or  other  proper  person,  in  writing,  under  his  hand  to  be  a  true 
copy  thereof,  with  the  Recorder  of  said  Village,  who  is  hereby 


CITY    Ol'    NOUNGSTOWX.    OHIO  1 29 


required  to  receive  aiul  keep  in  safe  eustody  the  same;  and 
su(*1i  map  so  deposited  shall  at  all  reasonable  times  be  open  to 
to  tlie  local  authorities  and  consumers,  and  their  respective 
agents,  and  they  respectively  may  take  such  eoj)ies  or  extracts 
from  the  same. 

Section  6.  That  if  at  any  time  reasonable  complaints  as 
to  quantity,  quality  or  pressure  of  the  gas  supplied  by  said  Gas 
Light  Company  be  made  to  the  village  council  by  memorial  in 
writing  signed  by  not  less  than  twent\-  iidiabitant  household- 
ers, paying  rates  for  and  sui)plied  with  gas  l)y  said  Gas  Light 
Company  (a  copy  of  which  shall  be  left  with  the  said  Gas  Com- 
pany), and  the  same  be  not  adjusted  l)etween  them  within  one 
month,  the  Mayor  may,  at  any  time  within  sixty  days  a-fter  the 
receipt  of  such  notice,  refer  tiie  matter  of  complaint  to  three 
competent  persons  (the  village  council  to  select  one  and  the 
said  Gas  Light  Company  to  select  another,  and  the  tv.'o  thus 
chosen  to  select  the  third)  who  shall  investigate  and  inquire 
into  and  concerning  the  grounds  of  such  complaint,  and  report 
to  the  said  village  council  thereon  ;  that  the  three  persons  so 
chosen  as  aforesaid  shall  give  three  days'  notice  thereof  in 
writing  to  the  said  Gas  Light  Company,  and  after  such  ru)tice 
as  aforesaid  they  shall  have  power  to  inspect  and  examine  the 
Gas  AVorks  of  said  Company  and  incpiire  into  and  concerning 
the  grounds  of  such  complaint,  and  said  Gas  Light  Company, 
and  their  officers  or  workmen  shall  afford  all  reasonable  facili- 
ties for  such  inspection,  inquiry  or  examination  :  That  if  said 
referee  shall  report  to  said  village  council  that  the  said  com- 
plaint is  well  founded,  the  Mayor  or  Hecorder  shall  give  notice 
thereof  in  writing  to  said  Gas  Light  Company.  After  the  re- 
ceipt of  such  notice  the  said  Gas  Company  shall  and  they  are 
hereby  required  within  a  reasonable  time  to  remove  the 
grounds  of  such  complaint,  and  it  is  hereby  ordained  that  if 


130  RAFLWAY    AXD    LIGHTING    ORDINANCES 

said  Gas  Light  Company  shall  fail  to  comply  with  such  notice 
within  three  months  from  and  after  its  receipt,  or  if  the  same 
grounds  of  complaint  shall  carelessly  or  intentionally  twice  oc- 
cur in  any  one  year,  or  said  Company  shall  fail  to  comply  with 
any  of  the  provisions  of  this  Section,  then  said  Company  shall 
forfeit  all  exclusive  rights  and  privileges  by  this  ordinance 
granted  to  them. 

Section  7.  And  be  it  further  ordained.  That  all  ordi- 
nances and  parts  of  ordinances,  heretofore  passed  relating  to 
the  erection  of  Gas  Works,  and  the  supplying  of  gas  for  public 
lamps  or  for  the  use  of  the  citizens  of  Youngstown,  be  and  are 
hereby  repealed. 

Section  8.  This  ordinance  shall  be  in  full  force  and  effect 
from  and  after  its  passage. 

Passed  in  Council  June  15th.  1865. 

(Now  owned  by  Young.stown  Consolidated  Gas  &  Electric 
Company.) 


No.  2. 

SPECIAL  ORDINANCES. 

Vol.  2  B,  Page  567. 

AN  ORDINANCE, 

Granting  to  Bales  M.  Campbell,  Thomas  E.  Davey  and  Louis  W. 
King  the  Right  and  Permission  to  Erect  and  Maintain  the 
Necessary  Poles,  Wires  and  Other  Electrical  Apparatus, 
for  the  Purpose  of  Furnishing  Persons  and  Corporations 
Within  the  City  of  Youngstown  With  Incandescent  Elec- 
tric Light  and  Power,  and  Prescribing  the  Terms  and  Con- 
ditions Upon  Which  the  Same  Shall  Be  Done. 
Sec.  1.     Be  it  ordained  by  the  City  Council  of  the  City  of 

Youngsto^vn,  Ohio,  that  Bales  M.  Campbell.  Thomas  E.  Davey 


CITY    OF    YOUNGSTOWN,    OHIO  I3I 

and  Louis  W.  King,  their  successors  and  assigns,  be  and  are 
hereby  granted,  for  the  period  of  five  (5)  years  from  and  after 
the  passage  of  this  ordinance,  the  sole  and  exclusive  authority, 
privilege  and  right  of  way,  through,  in,  upon  and  along  the 
streets,  alleys  and  public  grounds  of  the  said  City  of  Youngs- 
town,  necessary  or  proper  for  the  use  and  purpose  of  furnish- 
ing to  persons  and  corporations  incandescent  electrical  light  or 
power,  or  both,  and  to  erect  and  maintain  thereon  such  poles, 
posts/  wires  and  other  electrical  apparatus,  as  may  be  necessary 
or  proper  to  carry  on  and  maintain  said  business.  Said  parties, 
their  successors  and  assigns,  are  hereby  further  granted  the 
right  to  maintain  and  operate  such  electric  light  plant  for  the 
full  period  of  twenty  (20)  years  from  and  after  the  passage  of 
this  ordinance,  and  for  that  purpose  to  use  the  streets  afore- 
said, for  the  purpose  aforesaid.  Provided,  that  nothing  herein 
contained  shall  be  deemed  or  construed  to  mean  that  the  rights 
and  privileges  herein  granted  are,  or  are  intended  to  be  ex- 
clusive for  a  longer  term  than  said  first  mentioned  period  of 
five  (5)  years.  The  rights  and  privileges  set  forth  herein  are 
given  under  and  upon  the  conditions  named  in  the  following 
Sections. 

Sec.  2.  Before  said  parties  shall  enter  upon  and  use  said 
streets,  alleys,  or  public  grounds,  or  any  part  thereof,  for  the 
purpose  designated  in  Section  1  of  this  ordinance,  they  shall 
submit  to.  and  have  approved  by  the  City  Council  of  said  city, 
a  plan  or  map  showing  what  streets,  alleys  and  public  grounds, 
or  parts  thereof,  are  proposed  by  them  to  be  used,  and  indicat- 
ing the  location  thereon,  by  them  determined  for  their  poles, 
wires  and  other  apparatus.  Said  city  reserves  to  itself  the 
right  to  make  reasonable  changes  and  alterations  of  such  map 
or  plan ;  and  also  to  make  reasonable  regulations  regarding  the 
kind  and  material  of  poles  to  be  used,  and  the  distance  apart 


132  RAILWAY    AND    LIGHTING    ORDINANCES 

at  which  the  same  shall  be  placed.  And  said  city  also  reserves 
the  right  to  establish,  from  time  to  time,  such  reasonable  regu- 
lations as  to  public  safety,  and  the  painting  and  sightliness  of 
poles  and  appliances  as  it  may  deem  just  and  proper. 

Said  poles,  wires  and  appliances  shall  be  so  arranged  and 
constructed  as  to,  in  no  way,  interfere  with  any  telegraphic  or 
police  alarms  owned  or  controlled  by  said  city. 

Sec.  3.  Said  Bales  M.  Campbell,  Thomas  E.  Davey  and 
Louis  W.  King,  their  successors  and  assigns,  shall  at  all  times 
hereafter  defend,  keep  harmless  and  indemnify  the  City  of 
Youngstown  from  any  and  all  lawful  claims  and  demands  for 
injury  to  persons  and  property,  costs  and  expenses,  for  which 
said  city  shall  be  made  liable,  by  reason  of  the  privilege  in  this 
ordinance  granted,  or  which  may  result  from  the  construction, 
maintaining  and  operation  of  said  electric  light  business  within 
said  city;  and  said  parties,  their  successors  and  assigns,  shall, 
before  said  business  is  put  into  operation,  enter  into  bond  in 
the  sum  of  five  thousand  dollars  ($5,000)  to  the  City  of  Youngs- 
town conditional,  to  indemnify  said  city  against  damages,  ex- 
penses and  costs  by  it  sustained,  or  rendered  liable.  l)y  reason 
of  said  business. 

Sec.  4.  Said  grantees,  their  successors  and  assigns,  shall 
erect  said  light  plant,  and  be  prepared  to  operate  at  least  one 
thousand  (1,000)  incandescent  lights  within  nine  (9)  months 
from  passage  of  this  ordinance,  or  forfeit  all  rights  granted  by 
same,  and  shall  wnthin  thirty  (30)  days  signify,  in  writing, 
their  acceptance  of  this  grant,  together  with  an  agreement  to 
comply  with  the  terms  and  conditions  thereof. 

Sec.  5.  Said  grantees,  their  successors  and  assigns,  shall, 
in  consideration  of  the  rights  and  privileges  herein  granted, 
agree  to  furnish  the  city,  at  such  places  as  the  City  Council 


CITY    OF   YOUNGSTOWN,    OHIO  I33 


may   designate,   not    to   exceed   thirty-five    (35)    incandescent 
lights  free  of  charge. 

Sec.  6.  When  a  majority  of  the  residents  of  any  street 
within  the  city,  having  more  than  twenty  resident  household- 
ers thereon,  agree  to  use  said  incandescent  light  system,  the 
same  shall  be  extended  to  the  street  on  which  such  household- 
ers reside,  provided  the  City  Coimcil  shall  deem  such  exten- 
sion necessary  and  reasonable. 

Passed  in  Council,  February  10th.  1890. 

(Now  owned  by  Youngstown  Consolidated  Gas  &  Electric 
Company.) 


No  3. 

SPECIAL  ORDINANCES. 

Vol.  3,  Page  437. 
AN  ORDINANCE, 

Granting  to  Youngstown  Electric  Light  Company  the  Right 
and  Permission  to  Erect  and  Maintain  the  Necessary  Poles, 
Wires  and  Other  Electrical  Apparatus,  for  the  Purpose  of 
Furnishing  Persons  and  Corporations  Within  the  City  of 
Youngstown  With  Arc  Electric  Light,  and  Prescribing  the 
Terms  and  Conditions  Upon  Which  the  Same  Shall  Be 
Done. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Youngstown,  Ohio,  that  The  Youngstown  Electric  Light  Com- 
pany, its  successors  and  assigns,  is  hereby  granted  the  author- 
ity, privilege  and  right  of  way  through,  in,  upon  and  along 
the  streets,  alleys  and  public  grounds  of  said  City  of  Youngs- 
town, necessary  or  proper  for  the  purpose  of  furnishing  to  per- 
sons and  corporations  arc  electric  light,  and  maintain  thereon 


134  RAILWAY    AND    LIGHTING    ORDINANCES 

such  poles,  posts,  wires  and  other  electrical  apparatus  as  may 
be  necessary  or  proper  to  carry  on  and  maintain  said  business. 
The  rights,  privileges  and  franchises  hereby  granted  are  to 
continue  in  force  and  effect  for  the  full  period  of  twenty  years 
from  and  after  the  passage  of  this  ordinance. 

Sec.  2.  The  rights,  privileges  and  franchises  set  forth  and 
granted  in  the  foregoing  Section  of  this  ordinance  are  given 
under  and  upon  the  conditions  following :  The  said  The 
Youngstown  Electric  Light  Company,  by  its  acceptance  of  this 
ordinance,  and  of  the  rights,  privileges  and  franchises  herein 
granted,  binds  itself,  its  successors  and  assigns,  by  the  con- 
ditions and  requirements  set  forth  and  contained  in  Sections 
2  and  3  of  an  ordinance  granting  certain  rights,  privileges  and 
franchises  to  said  company,  passed  in  Council  February  10th, 
1890,  the  same  as  if  said  conditions  and  requirements  were 
herein  written  and  repeated,  and  upon  the  further  condition 
that  said  city  shall  have  the  right  to  connect  its  wires  for 
police  and  fire  alarm  telegraph  system  to  said  poles.  Pro- 
vided, that  such  conditions  shall  only  be  made  in  such  manner 
and  at  such  points  as  shall  be  approved  by  the  said  The  Youngs- 
town Electric  Light  Company. 

Passed  in  Council,  October  12,  1891. 

(Now  owned  by  Youngstown  Consolidated  Gas  &  Electric 
Company.) 


CITY   OF   YOUNGSTOVVN,    OHIO  135 

No.  4. 

SPECIAL  ORDINANCES. 

Vol.  3,  Page  441. 

AN  ORDINANCE, 

Granting  to  The  Mahoning  Electric  Light  Company  the  Right 
and  Permission  to  Erect  and  Maintain  the  Necessary  Poles, 
Wires  and  Other  Electric  Apparatus,  for  the  Purpose  of 
Furnishing  Persons  and  Corporations  Within  the  Cit^;'  of 
Youngstown  With  Arc  Electric  Light,  and  Prescribing  the 
Terms  and  Conditions  Upon  Which  the  Same  Shall  Be 
Done. 

Sec.  1.  Be  it  ordained  by  tlie  City  Conneil  of  tlic  City  of 
Youngstown,  Ohio,  that  Tlie  ^lahoning  Eleetric  Liglit  Com- 
pany, its  successors  and  assigns,  be,  and  the  same  is  iiereby 
granted  the  authority,  privilege  and  right  of  way  tlirough,  in, 
upon  and  along  the  streets,  alleys  and  public  grounds  of  said 
City  of  Youngstown  necessary  or  proper  for  the  purpose  of 
furnishing  to  persons  or  corporations  are  electric  light,  aiul  to 
erect  and  maintain  thereon  such  poles,  posts,  wires  and  othin- 
electrical  apparatus  as  may  be  necessary  or  proper  to  carry  o)i 
and  maintain  said  business.  The  riglits,  privileges  and  fran- 
chises hereby  granted  are  to  continue  in  force  and  effect  for 
the  fvdl  period  of  twenty-five  years  from  and  after  the  passage 
of  this  ordinance. 

Sec.  2.  Said  city  reserves  to  itself  llic  right  to  make  rea- 
sonable regulations  regarding  the  kind  and  material  of  poles 
to  be  used;  the  distance  apart  at  which  the  sann^  shall  be 
placed,  and  the  streets  additional  to  those  now  occupied  by 
said  The  Mahoning  Electric  Light  Company,  on  which  such 
poles,  wires  and  other  apparatus  may  be  placed.  And  said  city 
also  reserves  the  right  to  establish,   from   time  to  time,  sueli 


136  RAILWAY    AND    LIGHTING    ORDINANCES 

reasonable  regulations  as  to  the  public  safety,  and  the  painting 
and  sightliness  of  poles,  and  appliances  shall  be  so  arranged 
and  constructed  as  to  in  no  way  interfere  with  any  telegraph 
or  pf)lii'e  alarms  owned  or  controlled  by  said  city,  and  upon 
the  further  condition  that  said  city  shall  have  the  right  to  con- 
nect its  wires  for  police  and  fire  alarm  telegraph  system  to  said 
poles.  Provided,  that  such  connections  shall  only  be  made  in 
sucli  inanner  at  such  points  as  shall  be  approved  by  said  The 
Mahoning  Electric  Light  Company. 

Sec.  3.  The  Mahoning  Electric  Light  Company,  its  suc- 
cessors and  assigns,  shall  at  all  times  hereafter  defencL  keep 
harndess  and  indenniify  the  City  of  Youngstown  from  any  and 
all  lawful  claims  and  demands  for  injuries  to  persons  or  prop- 
erty, costs  and  expenses,  for  which  said  city  shall  be  made 
liable  by  reason  of  the  privileges  in  this  ordinance  granted,  or 
Avliich  may  result  from  tlu^  construction,  maintaining  and  oper- 
ation of  said  (^lectric  light  'husiiiess  within  said  city.  And  said 
The  ^lahoiiing  Electric  L-ight  Company,  its  successors  and  as- 
signs, shall,  before  this  ordinance  shrdl  take  effect,  enter  into 
bond  in  the  sum  of  five  thousand  dollars  to  the  City  of  Youngs- 
to^\•^.  conditioned,  to  indemnify  said  city  against  all  damages, 
exi)enses  and  costs  by  it  sustained,  or  rendered  liable  by  reason 
of  said  business,  and  sliall  also,  vrithin  thirty  days  from  the 
jiassage  of  this  ordinaiu'c  signify,  in  writing,  its  acceptance  of 
this  grant,  together  wilh  ;ui  agreement  to  comply  with  the 
terms  and  conditions  thereof. 

Passed  in  Council.  October  2(ith.  1891. 

CXow  oAvned  by  YoungstoAvn  Consolidated  Gas  &  Electric 
Company.) 


CITY    OF    YOUNGSTOWN,    OHIO  1 37 

No.  5. 

SPECIAL  ORDINANCES. 

Vol.  4,  Page  175. 

AN  ORDINANCE, 

Granting  to  Henry  F.  Kaercher  the  Right  to  Erect  and  Main- 
tain Over  and  Upon  Dutton  Alley,  and  Across  a  Certain 
Portion  of  West  Federal  Street,  the  Necessary  Poles,  Wires 
and  Other  Electrical  Appliances  for  the  Purpose  of  Fur- 
nishing Persons  and  Corporations  Within  the  City  of 
Youngstown  With  Arc  and  Incandescent  Electric  Light 
and  Power. 

Sec.  1.  Be  it  ordained  by  the  City  Council  of  the  City  of 
Youngstown.  Ohio,  that  Henry  F.  Kaercher.  his  successors  and 
assigns,  be  and  is  hereby  granted  the  privilege  and  riglit  of 
way  necessary  and  ]>i'i)per  for  the  purpose  of  furnishing  to  per- 
sons or  corporations  arc  or  incandescent  electric  light  or  elec- 
tric power  or  both,  upon  and  over  the  following  named  streets 
and  alleys  of  the  City  of  Youngstown.  to-wit :  Along  and  upon 
Dutton  alley  aiul  across  Hazel  street,  from  the  westerly  line  of 
Out-lot  No.  1  to  the  easterly  line  of  Lot  No.  38  in  said  city,  to- 
gether with  the  right  to  erect  and  maintain  thereon  such  poles, 
Avires  and  such  other  electrical  apparatus  and  appliances  as 
may  be  necessary  to  carry  on  and  maintain  such  business,  with 
the  further  privilege  and  right  to  erect  and  maintain  two  wires 
for  the  purpose  of  furnishing  said  electric  light  and  power, 
over  and  across  West  Federal  street  in  said  city,  at  some  ])oint 
or  points  between  the  westerly  line  of  said  Out-lot  No.  1  and 
Hazel  .street  in  said  city;  said  wires  to  be  erected  across  Federal 
street  at  a  height  of  not  less  than  sixty  (60)  feet  above  the 
roadwav  of  said  street. 


138  RAILWAY   AND    LIGHTING   ORDINANCES 

The  rights,  privileges  and  franchises  hereby  granted  are  to 
continue  in  force  and  effect  for  the  period  of  twenty  (20)  years 
from  and  after  the  11th  day  of  February,  A.  D.  1895. 

Sec.  2.  Said  poles,  wires  and  appliances  shall  be  so  con- 
structed and  maintained  as  to  prevent  any  interference  with 
and  damage  to  any  existing  telephone  and  telegraph  wires,  and 
to  the  fire  alarm  and  police  patrol  wires  of  said  city;  and  the 
said  city  reserves  to  itself  the  right  to  make  any  reasonable 
regulations  regarding  the  height,  material,  location  and  sight- 
liness of  poles,  and  to  establish  from  time  to  time  such  reason- 
able regulations  as  to  public  safety  as  it  may  deem  just  and 
proper. 

Sec.  3.  Said  Henry  F.  Kaercher,  his  successors  and  as- 
signs, shall  at  all  times  defend,  keep  harmless  and  indemnify 
the  City  of  Yoimgstown  from  any  and  all  lawful  claims  or  de- 
mands for  injury  to  persons  or  property  for  which  said  city 
shall  be  made  liable,  which  may  result  from  the  construction, 
maintenance  and  operation  of  the  electric  light  line  specified 
in  this  ordinance.  And  said  grantee  shall,  upon  the  acceptance 
of  this  grant,  enter  into  a  bond  in  the  sum  of  three  thousand 
dollars  ($3,000)  to  the  City  of  Youngstown,  conditioned  as 
aforesaid.  And  shall  also,  within  thirty  (80)  days  from  the 
passage  of  this  ordinance,  in  writing,  accept  the  rights  and 
privileges  herein  granted,  and  agree  to  comply  with  the  terms 
and  conditions  hereof. 

Sec.  4.  This  ordinance  shall  take  effect  <ind  be  in  force 
from  and  after  the  llth  day  of  February,  A.  D.  1895. 

Passed  in  Council  this  12th  day  of  November.  1894. 

(Now  owned  by  Youngstown  Consolidated  Gas  &  Electric 
Company.) 


CITY    OF    YOUNGSTOWN,    OHIO  139 

No.  6. 

SPECIAL  ORDINANCES. 

Vol.  4,  Page  207. 

AN  ORDINANCE, 

Granting  to  Henry  F.  Kaercher  the  Right  and  Privilege  to 
Erect  and  Maintain  the  Necessary  Poles,  Wires  and  Other 
Electrical  Apparatus,  for  the  Purpose  of  Operating  an 
Electric  Light  Plant  and  System,  and  of  Furnishing  Per- 
sons and  Corporations  Within  the  City  of  Youngstown  Arc 
Light  and  Incandescent  Light  and  Electric  Power. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City 
of  Youngstown,  Ohio,  that  Henry  F.  Kaercher,  his  heirs,  suc- 
cessors and  assigns,  be  and  is  hereby  granted  the  privilege  and 
right  of  way  through,  in,  upon  and  along  the  streets,  alleys  and 
public  grounds  of  said  City  of  Youngstown,  necessary  or  pro}>er 
for  the  furnishing  to  persons  or  corporations  are  or  inean- 
descent  electric  light  or  electric  power,  or  both,  together  with 
the  right  to  erect  and  maintain  thereon  such  poles,  wires  and 
other  electrical  appliances  and  apparatus  as  may  be  necessary 
or  proper  to  carry  on  and  maintain  said  business.  The  rights, 
privileges  and  franchises  herein  granted  are  to  continue  in 
force  and  effect  up  to  and  until  the  11th  day  of  February,  A. 
D.  1915,  and  said  Henry  F.  Kaercher,  his  heirs,  successors  and 
assigns,  is  hereby  granted  the  right  to  maintain  and  operate 
such  electric  light  plant  and  lines,  and  for  that  purpose  to  use 
the  streets  aforesaid  up  to  and  until  said  time. 

The  rights  and  privileges  set  forth  are  given  under  and 
upon  the  conditions  named  in  the  following  sections : 

Sec.  2.  Said  poles,  wires  and  appliances  shall  be  so  con- 
structed, maintained  and  operated  as  to  prevent  any  interfer- 
ence with,  or  damage  to  any  existing  telcjihone.  teloijrai^h  or 


140  KAll.WAV    AND    LIGHTING    ORDINANCES 


electric  liglit  wires,  or  to  the  fire  alarm  and  police  patrol  wires 
of  said  city ;  and  said  city  reserves  to  itself  the  right  to  make 
any  reasonable  regulations  regarding  the  locations,  height,  ma- 
terial and  sightliness  of  poles,  and  to  establish  from  time  to 
time  such  reasonable  regulations  as  to  public  safety  as  it  may 
deem  just  and  proper. 

Sec.  3.  Said  Henry  P.  Kaercher,  his  heirs,  successors  and 
assigns,  shall,  at  all  times,  keep  harmless  and  indemnify  the 
said  city  from  any  and  all  lawful  claims  and  demands  for  in- 
juries to  persons  or  property,  including  costs  and  expenses,  for 
which  said  city  shall  be  made  liable  by  reason  of  the  privileges 
herein  granted,  or  which  may  result  from  the  construction, 
maintenance  and  operation  of  said  electric  light  plant  and  lines 
within  said  city ;  and  the  said  Henry  F.  Kaercher,  his  heirs, 
successors  or  assigns,  shall,  before  this  ordinance  shall  take 
effect,  enter  into  bond  in  the  sum  of  three  thousand  dollars 
(.$3,000)  to  the  City  of  Youngstown.  conditioned  as  aforesaid; 
and  shall  within  thirty  (30)  days  from  the  passage  of  this  ordi- 
nance signify,  in  writing,  his  acceptance  of  this  grant,  together 
with  an  agreement  to  comply  with  the  terms  and  conditions 
thereof. 

Sec.  4.  Said  grantee,  liis  heirs,  successors  and  assigns,  in 
consideration  of  tlie  rights  and  privileges  herein  granted,  shall 
furnish  to  the  city  free  of  charge  an  amount  of  electric  light  to 
be  figured  upon  the  total  product  manufactured  and  sold  by 
him,  as  follows:  In  no  case  less  than  ten  (10)  lights.  For  each 
additional  ten  horse  power  above  one  hundred  horse  power 
and  up  to  aiul  including  two  hundred  horse  power  he  shall  so 
furnish  two  (2)  additional  lights.  And  for  each  additional  ten 
horse  power  above  two  horse  power,  three  (3)  additional  lights. 
Said  lights  to  be  of  sixteen  candle  power  each,  and  figured  on 
the  basis  of  ten  (10)  lights  to  each  one  horse  power. 


CITY    OF    YOUNGSTOWN,    OHIO  I4I 

Sec.  5.  It  is  further  provided,  that  if  the  said  grantee  or 
his  successors  shall  fail  to  operate  his  said  lisrhting  plant  at  ;my 
time,  for  a  period  of  (U)  days,  then  the  rio^hts  and  privilcp:('s 
herein  granted,  shall  hi'  deemed  forfeiti'd  by  the  said  grantee 
or  his  successors,  and  this  franchise  shall  beeonic  null  and  void, 
upon  the  passage  by  City  Conneil  of  an  ordinance  forfeiting 
the  same. 

Sec.  6.  When  a  majority  of  the  residents  of  any  street 
within  the  city,  having  more  than  twenty  resident  householders 
thereon,  agree  with  said  grantee  to  use  said  light  system,  the 
same  shall  be  extended  to  said  street,  provided  the  City  Council 
shall  deem  such  extension  necessary  and  reasonable. 

l*assed  in  Council  October  7.  1895. 

(Now  owned  by  Voungstown  Consolidated  Gas  &  Electric 
Comjiany.) 


No.  7. 

SPECIAL  ORDINANCES. 

Vol.  4,  Page  572. 

AN  ORDINANCE, 

Granting  to  Henry  F.  Kaercher,  His  Successors,  Heirs,  Assigns, 
and  Legal  Representatives,  Extensions  and  Renewals  of  the 
Rights,  Pri\dleges  and  Franchises  Granted  to  Him  in  and 
by  the  Ordinance  Passed  October  7th,  1895,  so  that  Said 
Rights,  Privileges  and  Franchises  Will  Continue  Until  the 
11th  Day  of  February,  1925. 

Whereas,  l>y  an  ordinance  passed  in  Council  October  Tlli. 
1895.  Henry  F.  Kaercher  obtained  the  consent  of  the  City  of 
Youngstown  and  was  granted  the  right  and  pi-ivilege  to  erect 
and  maintain   the  necessary  poles,  wires  and   other   electrical 


142  RAILWAY    AND    LIGHTING   ORDINANCES 

apparatus  for  the  purpose  of  operating  an  electric  light  plant 
and  system,  and  of  furnishing  persons  and  corporations  within 
the  City  of  Youngstown  arc  light  and  incandescent  light  and 
electric  power,  which  rights  and  privileges  are  fully  set  out  in 
said  ordinance,  the  rights,  privileges  and  franchises  therein 
granted,  to  continue  in  force  and  effect  up  to  and  until  the  11th 
day  of  February,  1915 ;  and 

Whereas,  Said  Henry  F.  Kaereher,  the  present  owner  of 
said  rights,  privileges  and  franchises,  now  makes  his  applica- 
tion to  the  said  Council  and  Board  of  Commissioners,  to  grant 
to  him.  his  successors,  heirs,  assigns  and  legal  representatives, 
extensions  and  renewals  of  the  rights,  privileges  and  franchises 
granted  to  him  in  and  by  said  ordinances,  passed  October  7th, 
1895,  so  that  said  rights,  privileges  and  franchises  will  continue 
until  the  11th  day  of  February,  1925; 

Now,  Therefore,  Be  it  ordained  by  the  City  Council  of  the 
City  of  Youngstown,  0., 

Section  1.  That  the  rights,  privileges  and  franchises 
granted  to  Henry  F.  Kaereher,  his  heirs,  successors  and  assigns, 
by  an  ordinance  entitled:  "An  ordinance  granting  to  Henry  F. 
Kaereher,  the  right  and  privilege  to  erect  and  maintain  the 
necessary  poles,  wires,  and  other  electrical  apparatus,  for  the 
purpose  of  operating  an  electric  light  plant  and  system,  and  of 
furnishing  persons  and  corporations  within  the  City  of  Youngs- 
town, arc  light  and  incandescent  light  and  electric  power," 
passed  in  Council  on  the  7th  day  of  October,  1895,  (See  special 
Ordinance  Book,  Vol.  4,  pages  207,  etc.)  which  said  rights, 
privileges  and  franchises  are  now  owned  by  said  Henry  F. 
Kaereher,  be,  and  the  same  are  hereby  renewed  and  extended 
until  the  11th  day  of  February,  1925. 

Sec.  2.  That  said  Henry  F.  Kaereher,  his  successors  or 
assigns,  shall,  within  thirty  days  from  the  passage  of  this  ordi- 


CITY    OF    YOUNGSTOWN,    OHIO  143 

nance,  accept  the  rights,  privileges  and  franchises  hereinbe- 
fore set  out,  and  pay  the  costs  of  publishing  this  ordinance. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  legal  publication. 

Passed  in  Council  this  29th  day  of  January,  A.  D.  1900. 

(Now  owned  by  Youngstown  Consolidated  Gas  &  Electric 
Comi)any.) 


No.  8. 
SPECIAL  ORDINANCES. 

Vol.  10,  Page  496. 
AN  ORDINANCE, 

Granting  The  Youngstown  Consolidated  Gas  &  Electric  Com- 
panj'',  Its  Successors  and  Assigns,  the  Right  to  Make  the 
Excavations  Necessary  for  the  Purpose  and  to  Lay  and 
Maintain  Pipes  Thereon  for  the  Transportation  of  Water, 
in  the  Parts  of  North  Avenue  and  Federal  Street  Herein- 
after Named,  and  Prescribing  the  Terms  Under  Which  the 
Same  May  be  Done. 

Be  it  ordained  by  the  Council  of  the  City  of  Youngstown, 
State  of  Ohio,  as  follows : 

Section  1.  That  the  Youngstown  Consolidated  Gas  &  Elec- 
tric Company,  its  successors  and  assigns,  be,  and  it  and  they 
hereby  are.  granted  the  right  and  privilege  to  enter  upon  North 
Avenue  and  Federal  Street  between  the  power  plant  of  said 
Company  situated  at  the  northeasterly  corner  of  North  Avenue 
and  the  right  of  way  used  by  the  Erie  Railroad  Company,  and 
the  northeasterly  lino  of  In-lot  Number  Fifteen  Hundred  and 
Thirty-Seven  (1537),  fronting  on  the  southwesterly  side  of 
Federal  Street  in  said  city,  and  the  sidewalk  of  North  Avenue 
in  front  of  said  power  plant  and  in  front  of  said  In-lot  on  Fed- 


RAILWAY    AND    LIGHTING    ORDINANXES  I44 


eral  Street,  and  to  make  the  excavations  in  said  parts  of  said 
streets  and  under  said  sidewalk  necessary  for  the  purpose  and 
to  lay  and  maintain  pipes  therein  for  the  transportation  of 
water  to  and  from  the  said  power  plant  of  said  company. 

Sec.  2.  That  said  pipes  shall  he  laid  and  maintained  below 
the  frost  line;  that  the  work  of  excavatinsr  for.  and  the  laying 
of  said  pipes  shall  be  done  under  the  supervision  of  the  Board 
of  Public  Service  and  the  Engineer  of  said  City;  that  said  parts 
of  said  streets  shall  be  restored  by  said  company,  its  successors 
and  assigns,  to  the  same  condition  of  usefulness  in  which  they 
were  before  such  excavations  were  made,  and  such  pipes  laid, 
and  that  all  city  sewers,  and  the  sewers,  pipes  and  appliances 
of  other  persons  or  companies  injured  or  interefered  Avith  by 
the  excavations  and  the  laying  of  pipes  herein  authorized,  shall 
he  repaired  by  and  restored  to  their  former  condition  of  useful- 
ness by  the  said  company,  its  successors  and  assigns. 

Sec.  3.  That  said  The  Youngstown  Consolidated  Gas  & 
Electric  Company  shall,  within  thirty  (30)  days  from  the  pas- 
sage of  this  ordinance.  l)y  writing,  filed  with  the  clerk  of  th" 
City  of  Youngstown.  Ohio,  accept  this  ordinance  and  agree  to 
be  bound  by  the  terms  thereof. 

Sec.  4.  This  ordinance  shall  take  effect  and  ])e  in  force 
from  and  after  the  earliest  period  allowed  by  law. 

Passed  in  Council  this  24th  dav  of  Jul  v.  A.  D.  1905. 


INDEX 


The  Mahoning  Valley  Railway  Company —  Pag«i 

Application    5 

Franchise    15 

Acceptance    37 

Wick  Avenue  Extension — 

A[)plication    10:1 

Franchise    107 

Acceptance    113 

The  Youngstown  &  Sharon  Street  Railway  Company — 

Application    41 

Franchise    49 

Acceptance    67 

The  Youngstown  Park  &  Falls  Street  Railway  Company — 

Application     71 

Franchise    79 

Acceptance    99 

The  Youngstown  Consolidated  Gas  &  Electric  Company — 
Ordinance    anthorizingr   contract    with    the    City   of 


'  !?i 


Younsrstown    117 


■!r> 


Bond    121 

Operating  Franchises — 

Augustus  B.  Cornell,  Artificial  Gas — 1865 127 

Bales   ]\1.   Campbell.    Thomas   E.   Davey,   Louis   W. 

King— Electric    Light— 1890 130 

Youngstown      Electric     Light      Company — Electric 

Light— 1891   135 

The  ]\Iahoning  Electric  Light  Company — Arc  Elec- 
tric  Light— 1891 135 

Henry  F.  Kaercher.  Electric  Light— 1894 137 

Electric  Light  and  Power— 1895.  139 
Extension  of  Franchise — 1900.  .    141 
The  Youngstown  Consolidated  Gas  &  Electric  Com- 
pany— Water  Pipe  North  Ave.  and  Federal  St 143 


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UNIVERSITY  OF  ILLINOIS  URBANA 


3  0112  062377632 


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